Judge: Andrew E. Cooper, Case: 23CHCV01248, Date: 2024-03-28 Tentative Ruling

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Case Number: 23CHCV01248    Hearing Date: March 28, 2024    Dept: F51

MOTION FOR SUMMARY JUDGMENT

Motion Filed: 10/31/23                                                                                  Jury Trial: 10/28/24

MOVING PARTY: Plaintiff JPMorgan Chase Bank, N.A. (“Plaintiff”)

RESPONDING PARTY: Defendants United Construction & Landscape Inc.; and Indika Jayaratna (collectively, “Defendants”)

NOTICE: OK 

RELIEF REQUESTED: An order granting summary judgment in favor of Plaintiff and against Defendants.

TENTATIVE RULING: The unopposed motion is granted.

BACKGROUND 

This is a collections action in which Plaintiff alleges that on 10/28/19, Defendant United Construction & Landscape Inc. (“UCLI”) “entered into a borrowing relationship with Chase by executing a Line of Credit Note in the amount of $200,000.00 and a Credit Agreement.” (Compl. ¶ 6.) The loan was personally guaranteed by Defendant Jayaratna. (Id. at ¶ 7.) Plaintiff alleges that “UCLI has defaulted under the terms of the Contract and there is now due, owing, and unpaid to Chase, the principal sum of $196,126.80, plus late fees and costs pursuant to the terms of the Contract.” (Id. at ¶ 8.)

On 4/27/23, Plaintiff filed its complaint against Defendants, alleging the following causes of action: (1) Breach of Contract; (2) Money Lent; and (3) Account Stated. On 8/3/23, Defendants filed their answer. On 10/31/23, Plaintiff dismissed its second and third causes of action without prejudice.

On 10/31/23, Plaintiff filed the instant motion for summary judgment. No opposition has been filed to date.

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ANALYSIS

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 65, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381–382.) 

As to each claim as framed by the complaint, a plaintiff moving for summary judgment has met its “burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action.” (Code Civ. Proc. § 437c, subd. (p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant “to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (Id.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc.¿(2006) 39 Cal.4th 384, 389.) 

A.    Breach of Contract

Plaintiff’s sole remaining cause of action against Defendants Breach of Contract. To state this cause of action, a plaintiff must be able to establish “(1) the existence of the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)

Here, Plaintiff proffers evidence of each agreement Defendants entered into with Plaintiff on 10/28/19. (Exs. A–B to Decl. of Barbra J. Lopez.) Plaintiff asserts that it has performed its obligations under the agreements by extending UCLI the loan, and Defendants each respectively breached their agreements by failing to pay under the terms of the loan agreement and failing to cure the default under the guaranty agreement. (Ex. C to Lopez Decl.; Lopez Decl. ¶ 7.) “As a direct and proximate result of UCLI breach of the Contract and Jayaratna’s breach of Guaranty, Chase has suffered damages” in “the principal balance of $196,126.80, plus late fees and costs of $1,105.12 for a total of $197,231.92.” (MSJ 4:12–15, citing Lopez Decl. 6.)

Based on the foregoing, the Court finds that Plaintiff has met its initial burden of proving each element of its cause of action for Breach of Contract against Defendants. As Defendants have failed to oppose the instant motion, they have equally failed to meet their responsive burden to show that a triable issue of material fact exists as to this cause of action. Accordingly, the Court grants Plaintiff’s unopposed motion for summary judgment.

CONCLUSION

The unopposed motion is granted. Plaintiff is to file a proposed judgment in the amount of $200,821.92. within ten (10) days.