Judge: David A. Hoffer, Case: 30-20-01153336KingdomofSwedenvs.Mehmandoost, Date: 2022-08-01 Tentative Ruling

Plaintiff moves for an order granting summary judgment in its favor and against Defendant with respect to the first and only remaining cause of action in the complaint for breach of contract.  The motion is GRANTED.

“To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage. [Citation.] If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.”  (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.)

Plaintiff has shown 1) the existence of the contract between Plaintiff and Defendant and has provided a copy of the contract; 2) that Plaintiff loaned a combined principal amount of 631,234 Swedish Crowns to Defendant; and 3) that Defendant breached the contract by not paying anything towards the debt incurred.  Plaintiff has met its initial burden of proving each element of the cause of action for Breach of Contract.

Defendant has failed to file any opposition to the Motion and therefore has failed to meet the transferred burden of showing triable issues of material fact exist.  As no triable issues of material fact has been shown, the Motion is granted.

Plaintiff is ordered to give notice of this ruling to and submit a proposed order and judgment with the applicable exchange rate of Swedish Crowns to U.S. Dollars.