Case Name: Lane Bess, et al. v. Humtap, Inc.
Case No.: 17CV308925

Plaintiffs Lane M. Bess and Leticia L. Bess as Trustees (“Plaintiffs”) filed their motion for summary adjudication as to the first cause of action for breach of contract and the second cause of action for money lent. The motion was properly served and notice was sufficient and proper. Defendant Humtap, Inc. (“Defendant”) did not oppose the motion.

After full consideration of the evidence, the separate statement and the authorities submitted by the Plaintiffs, the Court makes the following rulings:

The Court finds that by the evidence presented in support of the motion Plaintiffs met their initial burden to demonstrate each of the required elements for the causes of action in question and entitlement to judgment on those causes of action. As Defendant did not file any opposition to the motion, Defendant has failed to meet its burden to show any triable issue of fact. Accordingly, the motion for summary adjudication as to the first and second causes of action of the Complaint is GRANTED. Plaintiffs have established entitlement to an award of damages on the first cause of action of $300,000, plus interest at the contractual rate of 5% of $51,945.21, as of September 30, 2017, plus additional interest thereafter at the rate or $41.10 per day; and damages on the fourth cause of action of $300,000 plus interest as specified above.

Plaintiffs shall submit a proposed form of order consistent with this tentative ruling.