2016-00202126-CU-CL

Wells Fargo Bank vs. Pisor Industries, Inc.

Nature of Proceeding: Motion for Summary Judgment and/or Adjudication

Filed By: Reynolds, Roger D.

Plaintiff Bank’s motion for summary judgment as against defendant in pro per Charles Pisor is UNOPPOSED and is GRANTED, as follows.

The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a) and does not provide the correct address for Dept. 53/54.

Moving counsel failed comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence in support

of summary judgment exceeds 25 pages.

This litigation arises out of plaintiff’s grant of a line of credit to defendant Pisor Industries, the payment of which defendant Charles Pisor guaranteed in writing. Although plaintiff Bank has notified defendant Pisor that the required payments on the line of credit have not been made by Pisor Industries and has therefore demanded defendant Pisor to fulfill his obligations under the guaranty, the latter has refused to bring the account current.

Plaintiff Bank now moves for summary judgment on the ground that defendant Pisor is in breach of his guaranty obligations, there is no triable issue of material fact and plaintiff is entitled to summary judgment as against defendant Charles Pisor.

The Court finds that plaintiff Bank has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the burden to defendant Pisor to produce admissible evidence demonstrating the existence of a triable issue of material fact. Since defendant Pisor failed to oppose the motion and failed to present any evidence whatsoever, defendant has failed to meet his burden of production under Code of Civil Procedure §437c(p)(1). Accordingly, summary judgment in favor of plaintiff and against defendant in pro per Charles Pisor shall be granted.

The Court notes that although plaintiff Bank’s separate statement of undisputed material facts includes a request for attorney fees and costs, these may be obtained by noticed motion and a Memorandum of Costs in accordance with Code of Civil Procedure §1032, respectively.

Pursuant to CRC Rule 3.1312, plaintiff Bank to prepare a judgment as against defendant Charles Pisor.