Judge: Gregory Keosian, Case: 21STCV02869, Date: 2023-02-23 Tentative Ruling

Case Number: 21STCV02869    Hearing Date: February 23, 2023    Dept: 61

Plaintiff Jose Armas’s Motion for Summary Judgment is GRANTED.

Plaintiff to give notice.

I.                   MOTION FOR SUMMARY JUDGEMENT

A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.”  (Code Civ. Proc. § 437c, subd. (a).) “[I]f 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,” the moving party will be entitled to summary judgment.  (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment.  (Code Civ. Proc. § 437c, subd. (f)(2).)  

The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact, and if he does so, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact.  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; accord Code Civ. Proc. § 437c, subd. (p)(2).) Plaintiffs moving for summary judgment may meet their initial burden by “prov[ing] each element of the cause of action entitling the party to judgment on the cause of action.” (Code Civ. Proc. § 437c(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 that cause of action or a defense thereto.  (Code Civ. Proc. § 437c(p)(1).)  The defendant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.  (Code Civ. Proc. § 437c(p)(1).)  To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence.  (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 166.)

Plaintiff Jose Armas moves for summary judgment on his cause of action for breach of contract based on matters deemed admitted by Defendant Jeff Lazar pursuant to this court’s order of April 21, 2022.

“Establishing that claim requires a showing of ‘(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.’” (D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.)

Plaintiff presents requests for admission that Defendant Lazar has been deemed to admit by court order. These admissions include that Lazar agreed to personally guarantee the obligations of his corporate co-defendants to pay $60,000 pursuant to a settlement agreement and $175,000 pursuant to a promissory note to Plaintiff on a specific timetable; and that Defendants defaulted on their payment obligations, and received notice of same from Plaintiff per the terms of the agreement. (Motion Exh. 13.) These admissions further establish that Plaintiff has suffered damages in the amounts owed and unpaid, namely in the amount of $60,000 and $175,000, a total of $235,000.00. (Motion at pp. 11–12.)

“A matter admitted in response to a request for admission is conclusively established against the party making the admission, unless the court has permitted amendment or withdrawal of the admission.” (Valerio v. Andrew Youngquist Construction (2002) 103 Cal.App.4th 1264, 1272.) Defendant Lazar is therefore conclusively established to have entered the settlement agreement and note, and to have defaulted on same. Plaintiff has complied with his obligations under the agreement by giving notice of the defaults, and has suffered damages in the amounts owed and unpaid. No opposition has been filed.

Accordingly, the motion for summary judgment is GRANTED.