Judge: Maurice A. Leiter, Case: 22STCV27412, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV27412    Hearing Date: May 17, 2023    Dept: 54

Hearing Date: May 17, 2023

Department 54, Judge Maurice A. Leiter

Motion for Summary Judgment

Moving Party: Plaintiff Wells Fargo Bank, National Association

Responding Party: None

T/R:    PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IS GRANTED.

            PLAINTIFF to notice. 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers. No opposition has been received.

BACKGROUND

            On August 23, 2022, Plaintiff Wells Fargo Bank, National Association sued Defendant Saskia Chiesa for breach of guaranty. Plaintiff alleges Defendant guaranteed a line of credit for a borrower. Borrower is now in default and Plaintiff has failed to honor the guaranty.

ANALYSIS

“In moving for summary judgment, a ‘plaintiff . . . has met’ his ‘burden of showing that there is no defense to a cause of action if’ he ‘has proved each element of the cause of action entitling’ him ‘to judgment on that cause of action.’”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849 (as modified (July 11, 2001).)  The plaintiff “must present evidence that would require a reasonable trier of fact to find any underlying material fact more likely than not—otherwise, he would not be entitled to judgment as a matter of law, but would have to present his evidence to a trier of fact.”  (Id., at 851, original italics.)

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 the cause of action or a defense thereto.  (CCP § 437c(p)(1).)  “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.”  (Aguilar, supra, 25 Cal.4th at 850.)  The defendant “shall not rely upon the 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 the cause of action or a defense thereto.”  (CCP § 437c(p)(1).)

Plaintiff moves for summary judgment of Plaintiff’s complaint for breach of guaranty. “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) damage to plaintiff therefrom.’” (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.) 

Plaintiff presents evidence showing: (1) a contract to guarantee a line of credit exists between Plaintiff and Defendant; (2) Plaintiff performed under the contract; (3) Defendant has breached the contract by failing to pay back the line of credit; and (4) Plaintiff has been damaged by this breach. (UMF ¶¶ 1-10.) Plaintiff has met its burden to show no triable issue of fact as to Plaintiff’s complaint. The burden shifts to Defendant to show a triable issue of fact.

Defendant has not opposed this motion. Defendant has failed to show a triable issue of fact.

Plaintiff also seeks attorney’s fees and costs under the guaranty. Plaintiff is the prevailing party under the contract and is entitled to fees and costs.

Plaintiff’s motion for summary judgment is GRANTED.