Motion Summary JudgmentCal. Super. - 6th Dist.April 26, 2021MCKER 8c ASSOCIATES, P.C. 1320 WILLOW PAss ROA D, SUITE 730 CONCORD, CALIFORNIA 94520 TELEPHONE: 925.689.7070 FACSIMILE: 925.689.7077 \OOOQQUI-PWNH oo u O\ Ur A w N -- O \o 00 fl ON Ur A w N --‘ O 21 CV381001 Santa Clara - Civil Y. Chavez Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/17/2021 1:36 PM Reviewed By: Y. Chavez Case #21 CV381 001 Envelope: 7079145 JANET L. BROWN (State Bar No. 208602) MARTIN HOFFMANN (State Bar No. 248141) MASON ARIA (State Bar No. 33663 6) ZWICKER & ASSOCIATES, P.C. 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 Telephone: (925)689-7070 Facsimile: (925)689-7077 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE JUDICIAL DISTRICT - LIMITED CIVIL CASE No. 21CV381001 NOTICE OF MOTION AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 01R IN THEE" RVATIVE SUMMARY ADJUDHCATION. Date: BA 1'1 1 '22 Time: fiA 9:00am Date Action Filed: 4/26f21 Trial Date Set: NfA DISCOVER BANK, Plaintiff, VS. CRISTOFER RAMIREZ, Defendant. VVVVVVVVVVV TO DEFENDANT HEREIN, AND ALL PARTIES IN INTEREST: 1-11-22 9:00amPLEASE TAKE NOTICE that on , at , or as soon thereafter as the matter may be heard, in Departmenti of the above-entitled court located at 191 N. FIRST STREET, SAN JOSE, CA, plaintiff DISCOVER BANK will move the court for an order entering summary judgment in favor of plaintiff and against defendant or in the alternative for an order entering summary adjudication in favor of plaintiff and against defendant. This motion will be made pursuant to the provisions of section 43 7c of the Code of Civil Procedure on the grounds that the defendant has no defense to the complaint filed by plaintiff l NOTICE OF MOTION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR [N THE ALTERNATIVE SUMMARY ADJUDICATION ZWICKER &: ASSOCIATES, P.C. 1320 WILLOW PAss ROAD, SUITE 730 CONCORD, CA 94520 TELEPHONE: 925.689-.7070 FACSIMILE: 93.689.7077 \OOOQQKJIhUJNH NNNNNNNNN-Ih-‘h-p-t-Ip-n-nu-t-‘H DISCOVER BANK. This motion will be made and based upon this notice, 0n the pleadings, records and papers on file herein, and declaration of plaintiff and the memorandum of points and authorities served and filed herewith, and on such oral and documentary evidence that may be presented at the hearing on this motion. 15‘ Cause of Action-Open Book Account. Summary adjudication should be granted in favor of Plaintiff on the first cause of action for Open Book Account as there is a book account evidenced by a detailed account and payment history kept by Plaintiff that constitutes the principal record of transactions between Plaintiff and Defendant relative to Defendant’s loan account. 2nd Cause of Action-Account Stated. Summary adjudication should be granted in favor of Plaintiff on the second cause of action for Account Stated as Plaintiff issued and submitted monthly billing statements 0f account to the Defendant, and none of these statements were disputed by the Defendant. Therefore, as a matter of law, these billing statements constitute an agreement by Defendant as to the amount due. Dated: 8H 7K2021 ZWICKER & ASSOCIATES, P. C. A Law Fi Engaged in Debt Collection By: MARTIN HOFFMANN Attorneys for Plaintiff 7 NOTICE OF MOTION AND PLAINTIFF‘S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA} ss. l am a citizen ofthe United States and-employed in the County of Contra Costa. State ofCalifomia; I am over the age of 18 years and not a party to the within entitled action: my business address is I320 Willow Pass Road. Suite 730, Concord. California 94520. - U6 1 '2 'z’Om ' . On U‘X , I served the foregomg documents, descnbed as NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION; MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION; REQUEST FOR JUDICIAL NOTICE; DECLARATION OF PLAINTIFF IN SUPPORT 0F MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION (CCP SECTION 437c); PLAINTIFF’S STATEMENT 0F UNDISPUTED MATERIAL FACTS AND REFERENCE TO SUPPORTING EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION (CCP SECTION 437C); JUDGMENT PURSUANT MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION on the interested parties to said action by the following means: _X_ (By Mail) By placing a true copy thereof. enclosed in a sealed envelope with postage thereon fully prepaid. for collection and mailing on that date following ordinary business practices. in the United States Mail at the offices of Zwicker & Associates. P.C., Concord. California. addressed as shown below. I am readily familiar with this business's practice for collection and processing ofcorrespondence for mailing with the U.S. Postal Service, and in the ordinary course ofbusiness correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail) By placing a true copy thereof. encloscd in a scaled envelope with postage thereon fully prepaid, in the United States Mail at Concord. California. addressed as shown below. B Hand Delive By causing a true copy thereof. enclosed in a sealed envelope. to be delivered by hand to the addresses showny I'y below. (By Personal Service) By personally delivering a true copy thereof. enclosed in a sealed envelope. to the addresses shown below. (By Overnight Delivery) By placing a true copy thereof, enclosed in a scaled envelope. with delivery charges prepaid, to be sent by . addressed as shown below. (By Facsimile Transmission) By transmitting a true copy thereof by facsimile transmission from facsimile number (925) 689- 7077, to the interested parties to said action; the transmission was reported as complete and without error. and a copy of the transmission repon. which was properly issued by the transmitting facsimile machine. is. attached hereto and incorporated herein by reference. Said documents were transmitted t0 the interested parties as shown below at a.m.fp.m. l declare under penalty of perjury that the foregoing is true and correct. and that I am employed in the office of a member of the Bar of this Court at whose direction the service was made‘ __..-/ " 1 1 ”2' 1W r ~~\.[PAN 1 , at Concord, ConEr'a’gggtja: _gnt-y; California./ l/,Executed on NAME AND ADDRESS OF EACH PERSON SERVED: Cristofer Ramirez 1804 Pine Hollow Circle San Jose, CA 95133