Legal Opinion

Wells Fargo Bank, N.A. v. Allen

Court of Appeals of Arizona

Decided December 4, 2012No. 1 CA-CV 11-0572PublishedCited by 23 opinions

1Opinion of the Court

*211OPINION

SWANN, Judge.

¶ 1 Cola D. Allen and Lisa A. Allen appeal from a summary judgment holding them liable to Wells Fargo Bank for unpaid credit card charges. Wells Fargo argued successfully in the superior court that it was entitled to summary judgment because the Allens failed to demonstrate that they were not liable for the charges. We hold that a plaintiff cannot shift the burden of proof to the defendant by filing a motion for summary judgment. A plaintiffs motion must stand on its own and demonstrate by admissible evidence that the plaintiff has met its burden of proof and that it is…

2Cases cited9 opinions

  1. Yeazell v. CopinsArizona Supreme Court · 1965
  2. National Bank of Arizona v. ThrustonCourt of Appeals of Arizona · 2008
  3. Comerica Bank v. MAHMOODICourt of Appeals of Arizona · 2010
  4. L. Harvey Concrete, Inc. v. Agro Construction & Supply Co.Court of Appeals of Arizona · 1997
  5. Riley, Hoggatt & Suagee, P.C. v. EnglishArizona Supreme Court · 1993

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3Cited by23 opinions

  1. Watkins v. ArpaioCourt of Appeals of Arizona · 2016
  2. Weinstein v. WeinsteinCourt of Appeals of Arizona · 2014
  3. Arizona Bank & Trust v. James R. Barrons TrustCourt of Appeals of Arizona · 2015
  4. Az Electric Power v. Djl 2007Court of Appeals of Arizona · 2019
  5. Acarta v. PartridgeCourt of Appeals of Arizona · 2015

18 more not listed; retrieve them via the Exa API.

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