Opinion
No. C 00-3450 BZ
October 31, 2001
FINAL JUDGMENT
The motion for summary judgment by plaintiff United States of America having been granted by order dated October 31, 2001, IT IS HEREBY ORDERED and ADJUDGED that plaintiff shall have judgment against defendant Winnifred Chu, aka Winnie Chu, in the amount of $11,284.47, plus interest pursuant to 28 U.S.C. § 1961 (a) and (b).
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Before the Court is plaintiff's motion for summary judgment on the issue of whether a set of promissory notes are enforceable as a matter of law against defendant.
The Federal Rules of Civil Procedure provide for summary judgment where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). In a suit to enforce a set of promissory notes, plaintiff must present "evidence of the existence of the note, the defendant's default, and the amount due." United States v. Glaude, 1999 WL 1080680, *1 (N.D. Cal. Nov. 12, 1999) (citing United States v. Irby, 517 F.2d 1042, 1043 (5th Cir. 1975)). "The burden [then] shifts to defendant to prove that the amount due is not owing." Id. Mere conclusory and unsupported allegations, without some more substantial evidence, does not meet this requirement. See United States v. Chereton, 1994 WL 374544 at *2 (N.D. Cal. July 12, 1994.
Plaintiff has established a prima facie case by presenting evidence of the existence of the notes, defendant's default and the amount due on the notes. The burden then shifted to the defendant to disprove the amount due. Defendant, who failed to appear at the October 31, 2001 hearing, has not met her burden. She failed to respond to the October 15, 2001 order asking her to submit a sworn declaration supporting her factual assertions in opposition to plaintiff's motion. Without such a declaration, defendant's assertions cannot rise to the level sufficient to satisfy her burden.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for summary judgment is GRANTED.