Judge James A. Mangione, Case 37-2022-00011809-CU-BC-CTL 2023-12-22 Tentative Ruling

Judge: James A. Mangione, Case: 37-2022-00011809-CU-BC-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 20, 2023

12/22/2023 09:00:00 AM C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2022-00011809-CU-BC-CTL STRATEGIC FUNDING SOURCE INC VS RED & BLUE CAR RENTAL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Summary Judgment or, in the Alternative, Summary Adjudication is granted.

The moving party on a motion for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If satisfied, the burden shifts to the opposing party to make his or her own prima facie showing of the existence of a triable issue of fact. (Id.) 'There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.' (Id.) When a party opposing summary judgment fails to include a separate statement or the separate statement fails to unequivocally state which facts are disputed, the facts in the moving party's separate statement are deemed undisputed. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1186 n.4 (citing Carolyn v. Orange Park Community Assn. (2009) 177 Cal.App.4th 1090, 1094).) Breach of Contract The elements for a breach of contract claim are (1) the existence of a contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Plaintiff has shown that the parties executed a written contract on August 17, 2017, in which Plaintiff loaned Defendant $75,000 in exchange for a repayment sum of $92,250, plus fees and costs. (UMF 2-4.) Plaintiff performed by providing $75,000 to Defendant but Defendant repeatedly breached the agreement. (UMF 5, 7-9.) As of October 5, 2023, the total remaining balance owed under the loan is $22,271.97. (UMF 10, 12.) Plaintiff also seeks $4,304.86 in prejudgment interest, $19,486.41 in attorney's fees incurred in connection with Mr. Flores's bankruptcy proceedings (for which Defendant is jointly and severally liable) and attorney's fees and costs in connection with the instant lawsuit. (ROA 35, pgs. 11-12.) Because Defendant has failed to file an opposition placing these facts in dispute, the Court grants judgment on this claim in favor of Plaintiff.

Money Due/Account Stated The elements of a cause of action for money due are: (1) the statement of indebtedness in a sum certain; (2) consideration; and (3) nonpayment. (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460.) The essential elements for an account stated cause of action are '(1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due.' (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.) As discussed above, the parties entered into a written loan agreement with specific repayment terms, which Defendant failed to repay. Therefore, Plaintiff is entitled to judgment on these Calendar No.: Event ID: TENTATIVE RULINGS

3009086 CASE NUMBER: CASE TITLE: STRATEGIC FUNDING SOURCE INC VS RED & BLUE CAR RENTAL INC 37-2022-00011809-CU-BC-CTL causes of action.

Foreclosure and Recovery of Personal Property To prevail on a claim for recovery of personal property, a party must establish that it has the right to immediate and exclusive possession of the property and that the defendant has unlawfully refused to return the property to the plaintiff. (Fredericks v. Tracy (1893) 98 Cal. 658.) Here, as part of the loan agreement, the parties entered into a 'Security Agreement', in which Defendant granted Plaintiff a security interest in specified property as collateral for the loan. (UMF 28-29, Wolfson Decl., Ex. 2, pg. 7.) Under the California Commercial Code, 'secured party may . . . [t]ake possession of the collateral . . .

[p]ursuant to judicial process' after a default has occurred. (Cal. U. Com. Code, § 9609(a)(1), (b)(1).) As already stated, the Court has found Defendant defaulted on the loan agreement, thus entitling Plaintiff to judgment on this cause of action and possession of the collateral property.

In sum, Plaintiff's motion for summary judgment is granted. Plaintiff is entitled to $48,563.24, plus post-judgment interest at the legal rate of 10%, and attorney's fees and costs to be determined by separate motion. Additionally, Defendant is ordered to transfer to Plaintiff the following personal property: '(a) all accounts, chattel paper, cash, deposit accounts, documents, equipment, general intangibles, instruments, inventory, or investment property, as those terms are defined in Article 9 of the Uniform Commercial Code of the State of California as amended (the 'UCC'), now or hereafter owned or acquired by Borrower; and (b) all proceeds, as that term is defined in Article 9 of the UCC (a and b collectively, the 'Collateral').' In the event that some or all of the Collateral is recovered, Plaintiff will cause to be filed with the Court a partial satisfaction of judgment for the net proceeds received from its disposition.

Plaintiff's request for judicial notice is granted.

Plaintiff is directed to file a proposed judgment.

The minute order is the order of the Court.

Calendar No.: Event ID: TENTATIVE RULINGS

3009086