AGUILA v. GOMEZ






#5

TENTATIVE ORDER



Defendant SHAWN BIDSAL’s motion for summary judgment is GRANTED. CCP §437c



Moving Party to give Notice.



This action for contractual fraud was filed by Plaintiff HENRY AGUILA on December 7, 2015. Plaintiff AGUILA alleges that he loaned defendant JOE GOMEZ the sum of $250,000 to be repaid by October 1, 2015. Plaintiff alleges that the security for the loan was all of the nightclub fixtures and equipment (“FF&E”) located at the premises rented by Gomez in Las Vegas, NV.



Plaintiff further alleges that as of October 1, he had the right of ownership and right to possess the FF&E, as described in paragraph 20 of the FAC. He contends that Defendant BIDSAL converted that property, knowing it belonged to Plaintiff and refusing to return the FF&E upon demand. (FAC, ¶¶22-24.)



The FAC reflects that BIDSAL is an agent and/or officer of co-defendant REAL EQUITIES, LLC. Real Equities is Co-Defendant Gomez’s landlord on another property.



Defen