On December 07, 2020 a
Motion for Summary Disposition - Motion Motion for Summary Disposition
was filed
involving a dispute between
U.S. Bank National Association,
and
Zambrano, Eleazar,
Zambrano, Sylvia Arratia,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
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
Document Filed Date
February 01, 2024
Case Filing Date
December 07, 2020
Category
All Other Civil Cases (OCA)
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