Judge: Michael Small, Case: 21STCV20657, Date: 2023-11-21 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 21STCV20657    Hearing Date: November 21, 2023    Dept: 57

Plaintiff's motion for summary judgment on its claim for breach of contract is denied.  The evidentiary record submitted in connection with the Plaintiff's motion shows that there are disputed issues of material fact as to (1) whether Plaintiff performed its end of the contract by delivering the vending machines that Defendant requested; (2) whether Plaintiff's non-performance was excused; and (3) assuming Plaintiff did perform or its non-performance was excused, the amount of monetary damages Plaintiff suffered from Defendant's breach of the contract.