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  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
  • U.S. Bank National Association VS. Eleazar Zambrano,Sylvia Arratia ZambranoAll Other Civil Cases (OCA) document preview
						
                                

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DocuSign Envelope ID: D13B660D-86BA-419D-82F4-D711BC94D3EA Electronically Submitted 2/1/2024 2:00 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez CAUSE NO. CL-20-4488-A U.S. Bank National Association § In the County Court Plaintiff, § § v. § at Law No. 1 § § ELEAZAR ZAMBRANO § SYLVIA ARRATIA ZAMBRANO § Hidalgo County, Texas Defendants. PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, U.S. Bank National Association ("Plaintiff') files this Plaintiff’s Motion for Summary Judgment against Defendants, ELEAZAR ZAMBRANO, SYLVIA ARRATIA ZAMBRANO ("Defendants") pursuant to Texas Rule of Civil Procedure 166a(c), and in support thereof respectfully shows the Court as follows: I. STATEMENT OF FACTS Defendants subsequently defaulted on the balance in the Account, in violation of the Account Agreement. Plaintiff’s Account Listing reflects the sequence of transactions and resulting balance to the Account and as of January 16, 2024, the balance of the Account, after all just and lawful offsets, was the sum of $6,323.57. A true and correct copy of the Account Listing is attached hereto as a part of DocuSign Envelope ID: D13B660D-86BA-419D-82F4-D711BC94D3EA Electronically Submitted 2/1/2024 2:00 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez Plaintiff’s business record affidavit, Exhibit "A," and incorporated herein for all intents and purposes. II. PROCEDURAL HISTORY On December 8, 2020 Plaintiff filed its original Petition asserting claims including breach of contract and account stated against Defendants. Defendants filed their Answer on or about March 30, 2021. III. GROUNDS FOR THE MOTION FOR SUMMARY JUDGMENT Plaintiff moves for summary judgment under Rule 166a(c) of the Texas Rules of Civil Procedure Rule. Plaintiff is entitled to judgment as a matter of law. The business record affidavit, attached herein, contains the Account Agreement and ledger of this account, fully demonstrating the payment history and breach of contract. Plaintiff has not received payment for this remaining balance. The Defendants received the benefit of the account, but has failed to pay the Plaintiff accordingly. Based on the allowed evidence set forth in Rule 166a(f), the evidence attached hereto can lead reasonable minds but one conclusion, and that conclusion is that the Plaintiff is entitled to judgment against the Defendant. The Defendants have not produced any evidence to demonstrate that this account was paid in full. To avoid summary judgment, the Defendants must go beyond the bare denial in the Answer and bring forth evidence to rebut Plaintiff’s evidence. Defendants cannot meet this burden as Plaintiff’s DocuSign Envelope ID: D13B660D-86BA-419D-82F4-D711BC94D3EA Electronically Submitted 2/1/2024 2:00 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez affidavit demonstrates that there remains a balance due and Defendants have not asserted any written Answer in this matter. Therefore, since there are no issues of material fact, reasonable minds may come to only one conclusion: Defendants incurred charges on the account and failed to pay the balance owing. Therefore, the Plaintiff is entitled to judgment as a matter of law. VI. CONCLUSION As there are no genuine issues of material fact related to Plaintiff’s allegations regarding the Account, Plaintiff requests that this Honorable Court grant summary judgment in its favor in the principal amount of $6,323.57, its costs incurred herein, and any further relief this Court deems just and equitable. Respectfully submitted, Levy & Associates lgx_sign_here:_default_identifier __________________________ Amy Kogan State Bar No. 24102035 Robert Dunn State Bar No. 24135826 1000 Cliff Mine Road, Suite 330 Pittsburgh, PA 15275 888-338-4226 (p) 412-921-3191 (f) filing@levyandassociates.com ATTORNEY FOR PLAINTIFF U.S. Bank National Association DocuSign Envelope ID: D13B660D-86BA-419D-82F4-D711BC94D3EA Electronically Submitted 2/1/2024 2:00 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion has been served on counsel for the Defendant in accordance with the Texas Rules of Civil Procedure. lgx_sign_here:_default_identifier _____________________________ Amy Kogan Robert Dunn