Judge: H. Jay Ford, III, Case: 24SMCV02824, Date: 2025-04-08 Tentative Ruling


Case Number: 24SMCV02824    Hearing Date: April 8, 2025    Dept: O

  Case Name:  Arf Financial, LLC, et al. v. La Nina Restaurant Inc, et al.

Case No.:

24SMCV02824

Complaint Filed:

6-12-24          

Hearing Date:

4-8-25

Discovery C/O:

N/A

Calendar No.:

16

Discovery Motion C/O:

N/A

POS:

OK

 Trial Date:

Not Set

SUBJECT:                 MOTION FOR SUMMARY JUDGMENT

MOVING PARTY:   Plaintiffs Arf Financial, LLC, f/ka Advance Restaurant Finance, LLC, assignee of Timberland Bank

RESP. PARTY:         No responsive party as of 6-4-24

 

TENTATIVE RULING

             Plaintiffs Arf Financial, LLC, f/ka Advance Restaurant Finance, LLC, assignee of Timberland Bank’s Motion for Summary Judgment against Defendants La Nina Restaurant, Inc and Vicente Colon is GRANTED. Plaintiff shows that no triable issue of material fact exists as to any of the causes of action within their complaint and the Plaintiff is entitled to a judgment against defendant in the amount of $245,661 plus an award of costs as the prevailing party. Defendants did not file any opposition. Thus, Defendants do not meet their burden to show that a triable issue of material fact exists as to the causes of action.

 

Plaintiff is to submit the proposed judgment.  The request for costs should be submitted with a memorandum of costs and, if appropriate, a post judgment motion for attorney fees.