Judge: Melissa R. Mccormick, Case: "Wells Fargo Bank v. Michael Keenan, Inc.", Date: 2022-11-03 Tentative Ruling

Plaintiff Wells Fargo Bank, National Association’s Motion for Summary Judgment

Plaintiff Wells Fargo Bank, National Association moves for summary judgment against defendant Michael Keenan, Inc. and Michael Keenan.  Defendants did not file oppositions.  For the following reasons, plaintiff’s motion is granted.

A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action.  Cal. Civ. Proc. Code § 437c(p)(1).  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.  Id.

Plaintiff’s complaint alleges three causes of action against defendant Michael Keenan, Inc.:  breach of contract, account stated, and money lent.  Plaintiff’s complaint alleges one cause of action against defendant Michael Keenan:  breach of guaranty.

Plaintiff alleges it extended credit to Michael Keenan, Inc. guaranteed by Michael Keenan.  Plaintiff alleges neither defendant has paid $107,658.95 owed on a line of credit extended to Michael Keenan, Inc.  Plaintiff has met its burden of showing that defendants have no defense to plaintiffs’ causes of action against them by proving each element of the cause of action.  See Plaintiff’s Separate Statement Nos. 1-13 (and evidence cited therein).  Defendants did not file oppositions and thus have not carried their shifted burdens of showing that a triable issue of one or more material facts exists as to plaintiff’s causes of action against them.  Plaintiff’s motion is therefore granted.

The January 2, 2024 trial date is vacated.

The court will enter the judgment submitted with plaintiff’s summary judgment motion (ROA 29).

Plaintiff to give notice.