Judge Michael J. Strickroth, Case 2022-01257226 2023-07-31 Tentative Ruling

Judge: Michael J. Strickroth, Case: 2022-01257226, Date: 2023-07-31 Tentative Ruling

Motion for Summary Judgment and/or Adjudication

Plaintiff Cadlerock Joint Venture, L.P.’s Motion for Summary Judgment is GRANTED.

Code of Civil Procedure section 437c(p)(1) states,

“A plaintiff or cross-complainant has met his or her 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. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-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.”

Plaintiff moves for summary judgment, or in the alternative summary adjudication, as to Plaintiff’s Complaint against Defendants Langford Designs, Inc. (LDI) and Cindy L. Langford. The Complaint alleges causes of action for (1) breach of written contract, (2) enforcement of personal guaranty, (3) money lent, (4) account stated, (5) book account, and (6) money had and received. The first cause of action is against LDI, the second cause of action is against Cindy Langford, the third through sixth causes of action are against both Defendants.

Default was entered as to LDI on 8/3/23. Defendant Cindy Langford answered the complaint on 7/1/22. Defendants have not opposed this motion.

First Cause of Action: Breach of Written Contract

To prevail on this cause of action, Plaintiff must show “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.

Plaintiff has demonstrated the existence of a contract involving the line of credit (LOC) between Defendants LDI and Citibank, which assigned its rights under the contract to Plaintiff, in which Citibank issued a $90,000 LOC to Defendant LDI. Plaintiff has demonstrated Defendant’s breach of the contract by ceasing to make payments in February 2020. As a result, Plaintiff has sustained damages including the principal and interest due of $109,886.21 as of 5/9/23, with interest continuing to accrue at a rate of $33.748 per day.

Plaintiff has proved each element of its cause of action against LDI and there is no triable issue of material fact as to the cause of action or LDI’s defenses. Therefore, the motion is granted as to the first cause of action.

Second Cause of Action: Enforcement of Personal Guaranty

This cause of action sounds in breach of contract based on Defendant Langford’s breach of the personal guaranty. Acoustics, Inc. v. Trepte Constr. Co. (1971) 14 Cal.App.3d 887, 913.

Plaintiff has demonstrated the existence of an agreement in which Defendant personally guaranteed repayment of LDI’s LOC to Citibank in exchange for Citibank’s issuance of the LOC. Defendant’s guaranty obligations were triggered upon LDI’s default on the LOC in 2020, but Defendant has failed to satisfy her obligations as guarantor and Plaintiff has sustained damages as a result.

Plaintiff has proved each element of its cause of action against Cindy Langford and there is no triable issue of material fact as to the cause of action or Langford’s defenses. Therefore, the motion is granted as to the second cause of action.

Third – Sixth Causes of Action: Common Counts

Plaintiff alleges causes of action for money lent, account stated, book account, and money had and received (common counts).

The essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment. Allen v. Powell (1967) 248 Cal.App.2d 502, 510.

Here, Plaintiff has established Defendants are indebted to Plaintiff in a certain sum due to Citibank’s issuance of the LOC and Defendants’ nonpayment.

Plaintiff has proved each element of its common counts causes of action against Defendants and there is no triable issue of material fact as to the common counts causes of action or Defendants’ defenses. Therefore, the motion is granted as to the third, fourth, fifth, and sixth causes of action.

Should the tentative become the order of the Court, moving party Plaintiff is to prepare and submit a proposed judgment. An Order to Show Cause hearing regarding submission of a proposed judgment is set for 9/18/2023 at 8:30 AM in C15. If the proposed judgment is submitted in a timely manner, the OSC will go off calendar. Should the tentative become the order of the Court, the trial date of 12/4/2023 is vacated.

Moving party plaintiff to give notice.