Judge: Mark E. Windham, Case: 24STLC02791, Date: 2024-10-22 Tentative Ruling
Case Number: 24STLC02791 Hearing Date: October 22, 2024 Dept: 26
Kinecta Federal Credit Union v. Hudson, et al.
MOTION FOR SUMMARY JUDGMENT
(CCP § 437c)
TENTATIVE RULING:
Plaintiff
Kinecta Federal Credit Union’s Motion for Summary Judgment is GRANTED. PLAINTIFF
IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 10 DAYS OF THIS ORDER.
ANALYSIS:
On June 27, 2024,
Plaintiff filed the instant Motion for Summary Judgment. No opposition has been
filed to date.
Discussion
The Complaint alleges a single cause of action for
breach of contract. On February 8, 2022, Defendant executed a written Loan and
Security Agreements and Disclosure Statement (the “Agreement”) in the principal
sum of $20,000.00, which was payable in monthly installment payments of
$434.74, beginning on March 10, 2022, with final payment due on February 10,
2027. (Compl., ¶5.) On April 11, 2023, Defendant defaulted on the payments by
failing and refusing to make the monthly payment then due and owing. (Id.
at ¶6.) As of September 28, 2023, the amount owing and unpaid from Defendant is
$16,920.45. (Id. at ¶7.) Under the terms of the agreement, Defendant
agreed to pay reasonable attorney’s fees incurred in a collection action. (Id.
at ¶8.)
Plaintiff moves for
summary judgment on the Complaint pursuant to Code of Civil Procedure section
437c. On a motion for summary judgment or adjudication of a particular cause of
action, a moving plaintiff must show that there is no defense by proving each
element of the cause of action entitling the party to judgment on that cause of
action. (Code Civ. Proc., § 437c, subd. (p)(1).) Then 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. (Code Civ. Proc., § 437c, subd. (p)(1).)
Additionally, in ruling on the Motion, the Court must view the “evidence
[citations] and such inferences [citations], in the light most favorable to the
opposing party.” (Intrieri v. Superior Court (2004) 117 Cal.App.4th 72,
81 [citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826,
843].)
Cause of Action
for Breach of Agreement
The elements of a
cause of action for breach of contract are (1) the existence of contract; (2)
plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach
(or anticipatory breach); and (4) resulting damage. (Wall Street Network,
Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.)
In support of its
Motion for Summary Judgment for breach of the agreement, Plaintiff presents the
following undisputed facts. On February 8, 2022, Defendant, for valuable
consideration, made, executed and delivered to Plaintiff a written Loan and
Security Agreements and Disclosure Statement. (Motion, Separate Statement, Fact
No. 1.; Marquez Decl., ¶10 and Exh. 1.) Under the terms of the Agreement,
Defendant was obligated to make consecutive monthly payments, until the debt
was paid in full. (Motion, Separate Statement, Fact No. 3; Marquez Decl., ¶12.)
Defendant defaulted under the terms of the Agreement on April 11, 2024. (Motion, Separate Statement, Fact No. 4;
Marquez Decl., ¶¶12-13.) Plaintiff performed all conditions it was required to
performed under the Agreement. (Motion, Separate Statement, Fact No. 5; Marquez
Decl., ¶15 and Exhs. 1 and 2.) After applying the payment proceeds made to the
outstanding balance, there remains a balance due and owing from Defendant to
Plaintiff in the amount of $16,920.45 and costs of $944.68. (Motion, Separate
Statement, Fact No. 7; Marquez Decl., ¶¶14, 20-22 and Exhs. 2 and 3.)
This
evidence carries Plaintiff’s initial burden of proof as to its claim for breach
of contract against Defendant. Plaintiff has demonstrated the existence of the loan
Agreement between itself and Defendant, Defendant’s breach by defaulting on the
payment obligation, and Plaintiff’s resulting damages. The burden now shifts to
Defendant to demonstrate that a triable issue of material fact exists as to
Plaintiff’s claims. As no opposition has been filed, however, Defendant has
failed to demonstrate the existence of any triable issue of material fact.
Conclusion
Therefore,
Plaintiff Kinecta Federal Credit Union’s Motion for Summary Judgment is
GRANTED. PLAINTIFF IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 10 DAYS OF
THIS ORDER.
Moving party to
give notice.