Tentative Ruling on Motion to Amend Judgment

JP Morgan Chase Bank v. BNS Brewing, Case No. 2016-09605

Trial: November 28-30, 2017

SOD/Judgment: December 19, 2017

Motion Hearing: April 13, 2018, 1:30 p.m., Dept. 72


1. Overview and Procedural Posture.

This case started as an action to collect the $66,400 balance remaining on a $111,100 note executed in October of 2012 in connection with a borrowing relationship between the bank and defendants to facilitate defendants' operation of a brewery, distillery and tasting room on Wheatlands Avenue in San Diego. The Bank filed the complaint in March of 2016. The defendants answered separately in May of 2016, and there were cross-actions among the defendants alleging breach of fiduciary duty. ROA 11-14.

At a due-course CMC, the court set the case for trial in July of 2017. ROA 25-30. The Bank filed a motion for summary judgment, which was set for June 23, 2017 until it was withdrawn. ROA 33-39, 42. In the meanwhile, defendant/cross-complai