Quadri v. Sallie Mae

Filed 6/29/06 Quadri v. Sallie Mae CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Fresno County. Donald S. Black, Judge.

Taofeek Quadri, in pro. per., for Plaintiff and Appellant.

Baker, Manock & Jensen and Glenn J. Holder for Defendant and Respondent.

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Taofeek Quadri, a plaintiff who is representing himself, sued Sallie Mae, Inc., (Sallie Mae) for wrongfully declaring his guaranteed student loans in default, misapplying his loan payments, and inaccurately reporting his student loan repayment information to the Department of Education. Among other things, Quadri claimed his student loans were not in default because he was entitled to an additional deferment because (1) he was serving in the United States military, (2) he attended a school run by the United States Army, or (3) he made arrangements with Sallie Mae to obtain a deferment.

Sallie Mae moved for summary judgment, contending that the undisputed facts showed that Quadri defaulted under the student loans and that his payments were properly applied. Quadri's opposition papers did not present evidence showing he was entitled to a military deferment or that Sallie Mae agreed to a deferment. Based on the failure of Quadri's opposition papers to create a triable dispute over a material issue of fact, the superior court granted the motion for summary judgment.

The usual legal requirements that govern motions for summary judgment apply in this case. In ordinary civil litigation, California courts do not apply more lenient standards to self-representing litigants. Under the well-established legal requirements applicable to motions for summary judgment, (1) Sallie Mae carried its burden of producing evidence to make a prima facie showing of the nonexistence of any triable issue of material fact and (2) Quadri's opposition papers failed to demonstrate a triable issue of material fact. Accordingly, we conclude the superior court correctly granted Sallie Mae's motion for summary judgment. Judgment is affirmed.

PROCEEDINGS

This lawsuit has produced two appeals. In the first appeal, we concluded that Quadri's complaint and amendment alleged facts sufficient to state a claim for breach of contract as well as a claim for declaratory relief. (See Quadri v. Sallie Mae Company (Mar. 4, 2004, F043079) [nonpub. opn.] pp. 7-11.) Consequently, we reversed the judgment of dismissal and directed the superior court to vacate its order sustaining Sallie Mae's second demurrer. (Id. at p. 14.)

Based on our March 4, 2004, decision, the superior court entered an order on June 1, 2004, overruling the demurrer in part, sustaining it as to a common count cause of action, and directing Sallie Mae to file an answer to Quadri's claims for breach of contract and declaratory relief. On remand, Quadri did not amend his pleadings, except to name Sallie Mae, Inc., in place of defendant Doe 1.^[1] In our prior opinion, we listed nine â€