HEARING ON MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION FILED

BY ASCENTIUM CAPITAL, LLC

* TENTATIVE RULING: *

Plaintiff Ascentium Capital, LLC’s motion for summary judgment is granted.

Defendants Roger W. Shortz, a professional corporation, (“Shortz Corp.”) and Roger W. Shortz, M.D. (“Shortz”) did not file oppositions to Plaintiff’s motion. However, summary judgment can be granted only if “the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure § 437c(c).) Therefore, when a motion is unopposed, the Court must still review the evidence submitted by the moving party to determine if that party is entitled to judgment as a matter of law.

Upon review of the evidence, the Court concludes that summary adjudication of the first cause of action (for breach of equipment financing agreement, against both defendants) and the

agreement with Plaintiff for a loan that wa