Motion for Summary Adjudication filed by Plaintiff National Funding, Inc.
Plaintiff National Funding, Inc.’s motion for summary adjudication as to the first cause of action for breach of contract alleged against defendant Gujjar Limo Corp., and third cause of action for breach of guaranty alleged against defendant Aqsam Rashid is GRANTED.
First cause of action for breach of contract against Gujjar Limo Corp.: “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) defendant's breach, and (4) resulting damage to the plaintiff.” Richman v. Hartley, 224 Cal.App.4th 1182, 1186 (2014).
Plaintiff has submitted evidence to demonstrate that: (1) On 6/12/19, defendant Gujjar Limo Corp. (“Borrower”) and Plaintiff entered into a Business Loan Agreement whereby Borrower borrowed $100,000. (Declaration of Sandra Otero (“Otero Decl.”), ¶4, Ex. 1.) (2) Plaintiff deposited the amou