Case Number:
20STCV20862
Hearing Date:
December 14, 2020
Dept:
39
[TENTATIVE] RULING
:
Based on the priorities of Sunwest Bank and Plaintiff’s filings, the court finds Sunwest Bank has a senior lien on the Collateral from its UCC Statement securing the loan ending in 4001 and greater priority to the
$193,973.41 on deposit with Comerica Bank
.
Non-party Sunwest Bank is instructed to give notice.
Background
Plaintiff Outsource, LLC (“Outsource” or “Plaintiff”) alleges it entered into a Master Service Agreement for Temporary Staffing (the “MSA”) with Defendant Horizon Communications Technology, Inc. (“Horizon”) on or about September 12, 2011, wherein Plaintiff agreed to provide staffing services to Defendant in exchange for compensation.
Compl. ¶ 7.
Defendant Michael E. Degraw (“Degraw”) allegedly unconditionally guaranteed Horizon’s payment of its obligations under the MSA.
Id.
On or about May 8, 2018, Defendants allegedly breached the MSA by
Hearing Date
December 14, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Case Number:
20STCV20862
Hearing Date:
December 14, 2020
Dept:
39
[TENTATIVE] RULING
:
Based on the priorities of Sunwest Bank and Plaintiff’s filings, the court finds Sunwest Bank has a senior lien on the Collateral from its UCC Statement securing the loan ending in 4001 and greater priority to the
$193,973.41 on deposit with Comerica Bank
.
Non-party Sunwest Bank is instructed to give notice.
Background
Plaintiff Outsource, LLC (“Outsource” or “Plaintiff”) alleges it entered into a Master Service Agreement for Temporary Staffing (the “MSA”) with Defendant Horizon Communications Technology, Inc. (“Horizon”) on or about September 12, 2011, wherein Plaintiff agreed to provide staffing services to Defendant in exchange for compensation.
Compl. ¶ 7.
Defendant Michael E. Degraw (“Degraw”) allegedly unconditionally guaranteed Horizon’s payment of its obligations under the MSA.
Id.
On or about May 8, 2018, Defendants allegedly breached the MSA by