Case Number: TC028792 Hearing Date: February 22, 2018 Dept: A

# 5. Sofi Lending Corp. v. Kimberly Jefferson

Case No.: TC028792

Matter on calendar for: Hearing on unopposed motion for summary judgment

Tentative ruling:

I. Background

In this action for breach of contract arising from a loan agreement, Plaintiff Sofi Lending Corp. moves for summary judgment against Defendant Kimberly Jefferson. The motion is unopposed.

II. Standard

A “motion for summary judgment shall be granted if all 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.” (CCP § 437c(c).) Once the moving party has met its burden of demonstrating that there is no triable issue as to any material fact, the opposing party cannot rest upon the mere allegations of the pleadings but must present admissible evidence showing that there is a genuine issue for trial. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 844.) “In ruling on the motion, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom… and must view such evidence… in the light most favorable to the opposing party.” (Id. at 844-45; CCP § 437c(p)(2).)

III. Analysis

The elements of a breach of contract claim are: “(1) the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) damage to plaintiff therefrom.” [Citations omitted.] (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.)

Plaintiff has submitted evidence demonstrating:

(1) Plaintiff sent Defendant a loan agreement, and Defendant accepted the agreement by signing it.

(2) Plaintiff performed by loaning $50,000 to Defendant pursuant to the loan agreement.

(3) Defendant breached the agreement by failing to make the required monthly loan payments.

(4) Plaintiff has been damaged in the amount of $49,747.11.

(Plaintiff’s Undisputed Material Facts, Nos. 1-5; Plaintiff’s Evidence, Dunnagan Decl., Exhs. A-C.)

Plaintiff has met its burden of demonstrating that there is no triable issue regarding its sole cause of action for breach of contract. The burden shifts to Defendant to present admissible evidence showing that there is a genuine issue for trial. Defendant fails to oppose the motion. The Court grants the motion.

Plaintiff must file, serve, and lodge a proposed order incorporating such parts of this tentative ruling as become the order of the Court.