The motion of the plaintiff for summary adjudication of issues is DENIED.
It is undisputed that the defendants have not paid on the equipment contract and that, absent a valid legal excuse, the money remains owing.
The defendants assert that they are legally excused from performance because they had to close their business for a period of time due to the covid-19 pandemic and related government orders. They rely on several out-of-state cases that have upheld that as a defense. They do not cite any California (or Georgia) cases that have so held. (The reference to Georgia is based on the court’s understanding that the business is located in Georgia.)
Because this is a motion for summary adjudication of issues, the court’s role is limited to determining if there is a triable issue of material fact. Impossibility of performance is a legal excuse, and a valid defense, to a cause of action for breach of contract if there are facts to support it. To prevail, the defendant must show that the
Hearing Date
September 09, 2021
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The motion of the plaintiff for summary adjudication of issues is DENIED.
It is undisputed that the defendants have not paid on the equipment contract and that, absent a valid legal excuse, the money remains owing.
The defendants assert that they are legally excused from performance because they had to close their business for a period of time due to the covid-19 pandemic and related government orders. They rely on several out-of-state cases that have upheld that as a defense. They do not cite any California (or Georgia) cases that have so held. (The reference to Georgia is based on the court’s understanding that the business is located in Georgia.)
Because this is a motion for summary adjudication of issues, the court’s role is limited to determining if there is a triable issue of material fact. Impossibility of performance is a legal excuse, and a valid defense, to a cause of action for breach of contract if there are facts to support it. To prevail, the defendant must show that the