HEARING ON MOTION FOR SUMMARY JUDGMENT

FILED BY COMERICA BANK

* TENTATIVE RULING: *

Plaintiff Comerica Bank’s motion for summary judgment is denied. The motion for summary adjudication is also denied.

As an initial matter, the Court notes that the second page of Delaney’s declaration is missing about a 1/2 inch of text on the right hand side. Normally, the Court would continue this matter to allow Plaintiff to fix this copying error. However, this declaration appears identical in substance to the declaration Delaney submitted in August 2019 and the Court has used the declaration from August 2019 as well as the declaration from June 2020 when considering the evidence submitted in opposition.

Causes of Action One and Two

The Court previously denied summary adjudication of the first cause of action for breach of a written promissory note against Defendant Centralbanc Mortgage Corp. and the second cause of action for breach of personal guaranty against Defendant Paul Lowden. In the p