Case Number: BC646713 Hearing Date: January 17, 2018 Dept: 32

Bank of Hope,

Plaintiff,

v.

Dr. S&H medical group, inc., et al.

Defendants.

Case No.: BC646713

Hearing Date: January 17, 2018

[TENTATIVE] order RE:

Motion for summary judgment or, in the alternative, summary adjudication

BACKGROUND

This is an action for breach of various loan agreements. Plaintiff Bank of Hope (“Plaintiff”) alleges that it provided various loans to Defendants Dr. S&H Medical Group, Inc., H & C Medical Group, Inc., and L & H Medical Group. Defendant Sang Yoon Han allegedly guaranteed these loans.

DISCUSSION

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 judgment as a matter of law. (CCP § 437c(c).) There is a triable issue of fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) On its motion for summary judgment, the plaintiff maintains the burden that each of the elements has been proved and that there is no defense available, while on its motion the defendant must persuade the court that one of the elements in question cannot be established or that there is a complete defense. (Id.) Summary judgment motions are defined by the material allegations in the pleadings. (Baptist v. Robinson (2006) 143 Cal. App. 4th 151, 159.)

Plaintiff moves for summary judgment. Plaintiff submits evidence of the various loan and guarantee agreements. (UMF 1, 35, 67, 78.) Plaintiff submits evidence that each Defendant defaulted on their loan obligations. (UMF 19, 52, 84.) Plaintiff submits evidence of the outstanding amounts that are due on these loan obligations. (UMF 28, 60, 92.) The motion is unopposed and these facts are undisputed. Based on the foregoing, the Court finds that Plaintiff has satisfied its burden to prove each element of its claims. Accordingly, the motion for summary judgment is GRANTED.