Judge: John C. Gastelum, Case: 22-01252675, Date: 2023-01-05 Tentative Ruling

(1) Motion for Summary Judgment and/or SAI (2) CMC

Plaintiff National Funding, Inc. (“Plaintiff”) moves for an order granting summary adjudication against Defendants J&D Enterprises Group, Inc. dba Line X of Greater Orlando (“J&D”) and James Paul (“Paul”) as to the claims alleged against them.  Plaintiff alleges breach of contract (causes of action one and three) and breach of guaranty (causes of action two and four). 

“A cause of action for breach of contract requires pleading of a contract, plaintiff’s performance or excuse for failure to perform, defendant’s breach and damage to plaintiff resulting therefrom.”  (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1489.)

Here, the Undisputed Material Facts (“UMFs”) show that J&D executed and delivered to Plaintiff a Business Loan Agreement, agreement number FWC464001B, on February 10, 2021 (“Loan Agreement No. 1”.)  (UMF No. 1.)  The principal amount loaned to J&D was $53,556.72.  (Ibid.)  Paul agreed to guarantee the indebtedness of J&D under Loan Agreement No. 1 by executing a personal guarantee.  (UMF Nos. 3-4.)  J&D failed to make timely daily payments as required under Loan Agreement No. 1 on October 25, 2021 and Plaintiff elected to exercise its rights and remedies to declare a breach, making the entire outstanding balance of $23,572.83 due and payable.  (UMF Nos. 2, 5-6.) 

On April 9, 2021, J&D received a second loan from Plaintiff in the amount of $13,389.00 under a second Business Loan Agreement, agreement number FWC464001- ML1, (“Loan Agreement No. 2”).  (UMF No. 12.)  Paul executed a personal guaranty for Loan Agreement No. 2 as well.  (UMF Nos. 14-15.)  J&D failed to make timely monthly payments under Loan Agreement No. 2 on November 12, 2021.  (UMF No. 16.) 

The Motion is supported by Sandra Otero, Chief Credit Officer of Plaintiff, who is one of the custodians of records kept by Plaintiff in the course of its business of financing loan transactions. 

Plaintiff has demonstrated that J&D entered into two contractual agreements with it for two separate loans, breached those agreements, and has failed to pay the outstanding balances.  Plaintiff has also demonstrated that Paul executed personal guaranties on the loans for J&D and has also failed to pay the outstanding balances. 

Given the above, Plaintiff’s unopposed Motion is GRANTED. 

Plaintiff to prepare order and judgment.

Plaintiff to give notice.