Plaintiff's Motion to Compel Defendant Diamond Truck Sales's Initial Responses to Form Interrogatories - Employment, Set One; Plaintiff's Motion to Compel Defendant Diamond Truck Sale's Initial Responses to Special Interrogatories, Set One; Plaintiff's Motion to Compel Defendant Diamond Truck Sale's Initial Responses to Requests for Production, Set One
Plaintiff has satisfied its initial burden under Code of Civil Procedure section 437c, subdivision (p)(1), by presenting evidence establishing each element of its claims and demonstrating the absence of any triable issue of material fact. The undisputed evidence shows that: (1) Plaintiff and Defendant Protech Phone Repair, Inc. entered into a Receivables Sale Agreement on September 30, 2025 (SUF No. 1); (2) Plaintiff funded Defendant Protech in the amount of $88,600 pursuant to that agreement (SUF No. 2); (3) Defendant Protech agreed to remit periodic payments of $1,500 per week pursuant to the agreement (SUF No. 3); (4) Defendant Ajaypreet Singh guaranteed Protech's obligations under the agreement in the event of a material breach (SUF No. 4); (5) Defendants did not request a contractual reconciliation (SUF No. 5); (6) Defendants' payments began to fail on January 2, 2026 (SUF No. 6); and (7) the amount owed under the agreement is $103,000 (SUF No. 7).
Plaintiff further presents evidence that prejudgment interest through May 8, 2026 totals $3,555.62 (SUF No. 8). These undisputed facts establish the existence of a contract, Plaintiff's performance, Defendants' breach, and resulting damages, thereby entitling Plaintiff to judgment on its cause of action for breach of contract. (SUF Nos. 1-7.) The same undisputed facts also establish Plaintiff's causes of action for open book account and account stated. (SUF Nos. 1-7.)
Defendants filed an answer asserting affirmative defenses, but Plaintiff filed a Notice of Non-Opposition stating that no opposition to the motion was received by the statutory deadline, and no opposing evidence has been presented demonstrating the existence of a triable issue of material fact. Accordingly, Plaintiff has established that no triable issue of material fact exists and that Plaintiff is entitled to judgment as a matter of law. Code of Civil Procedure section 437c therefore requires that the motion to be granted.
Judgment shall be entered in favor of Plaintiff ITRIA Ventures LLC and against Defendants Protech Phone Repair, Inc. and Ajaypreet Singh in the principal amount of $103,000, together with prejudgment interest according to proof, costs of suit, and such attorney fees as may be recoverable pursuant to contract and that are properly established by noticed motion. (See Code Civ. Proc., Sec. 1033.5; Civ. Code, Sec. 1717.)
Summary Adjudication
In light of the Court's ruling granting summary judgment, Plaintiff's alternative request for summary adjudication is moot.
Proposed Order and Proposed Judgment
The Court was unable to locate a proposed order and proposed judgment submitted in conjunction with this motion. Consequently, the Court directs Plaintiff to submit within 10 court days a proposed order and a proposed judgment that are consistent with this ruling.
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PR-25-000754 - In the Matter of THE GEORGE GARY VENIOT LIVING TRUST - Petitioner Dana Garth's Motion for Relief from Admissions Deemed Admitted, Leave of Court Allowing the Filing of Admissions - CONTINUED to August 13, 2026, at 8:30 am in Department 22.
This matter is CONTINUED on the Court's own motion to August 13, 2026, at 8:30 am in Department 22, to be heard with the related motion and petitions on calendar that date.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-22-002266 - MOMENI, SASAN vs MALAK, PIERRE - Plaintiff's Motion for Good Faith Settlement - HEARING REQUIRED.
CV-25-007838 - ALVARAZ, CRISTAL vs DIAMOND TRUCK SALES - a) Plaintiff's Motion to Compel Defendant Diamond Truck Sales's Initial Responses to Form Interrogatories - Employment, Set One - GRANTED, and unopposed. b) Plaintiff's Motion to Compel Defendant Diamond Truck Sale's Initial Responses to Special Interrogatories, Set One - GRANTED, and unopposed. c) Plaintiff's Motion to Compel Defendant Diamond Truck Sale's Initial Responses to Requests for Production, Set One - GRANTED, and unopposed.
a) The Court finds that Defendant has failed to respond to the subject discovery entirely and objections have been waived. (Code Civ. Proc. Sec. 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. (Code Civ. Proc. Sec. 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. Sec.Sec. 2030.290(c), 2023.010, 2030.030 et seq.) Therefore, monetary sanctions in the amount of $410 are awarded against Defendant Diamond Truck Sales and its counsel, Gulomjon Azimov, payable to Plaintiff's counsel. Plaintiff shall submit a revised order consistent with the Court's ruling herein.
b) The Court finds that Defendant has failed to respond to the subject discovery entirely and objections have been waived. (Code Civ. Proc. Sec. 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. (Code Civ. Proc. Sec. 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. Sec.Sec. 2030.290(c), 2023.010, 2030.030 et seq.) Therefore, monetary sanctions in the amount of $410 are awarded against Defendant Diamond Truck Sales and its counsel, Gulomjon Azimov, payable to Plaintiff's counsel. Plaintiff shall submit a revised order consistent with the Court's ruling herein.
c) The Court finds that Defendant has failed to respond to the subject discovery entirely and objections have been waived. (Code Civ. Proc. Sec. 2031.300(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. (Code Civ. Proc. Sec. 2031.300(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. Sec.Sec. 2030.290(c), 2023.010, 2030.030 et seq.)
Therefore, monetary sanctions in the amount of $410 are awarded against Defendant Diamond Truck Sales and its counsel, Gulomjon Azimov in this regard, payable to Plaintiff's counsel. Lastly, the Court finds that Plaintiff is also entitled to the mandatory sanction award provided for in Code Civ. Proc. Sec. 2023.050 in this instance. Therefore, an additional monetary sanction in the amount of $1,000 is awarded against Defendant Diamond Truck Sales and its counsel, Gulomjon Azimov, payable to Plaintiff's counsel.
Plaintiff shall submit a revised order consistent with the Court's ruling herein.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24:
CV-22-004659 - PONCE, CHRISTIAN vs CALIFORNIA DAIRIES INC - Final Fairness Hearing - HEARING REQUIRED.
Good cause appearing to the satisfaction of the Court, the Court finds the payment to the Class Representative, to the Class Members and the Class Administrator to be appropriate given all relevant factors of the settlement. The Court also finds Class Counsel's attorney's fees and costs to be reasonable and comparable to the award of fees generally issued by California Courts. The Court is therefore inclined to grant final approval of the Class Action Settlement herein.
In accordance with the provisions of Code Civ. Proc. Sec.384, the Court sets a compliance hearing for February 26, 2027, at 8:30 am in Department 24 to confirm full administration of the settlement. Class counsel shall submit a compliance report no later than February 19, 2027, which shall include the total amount that was actually paid to the class members pursuant to the subject settlement. At the time of the compliance hearing, the Court shall amend the judgment to direct that the sum of the unpaid funds, plus interest as required by the statute, be distributed as set forth in the Settlement Agreement. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Judgment shall be posted on the Settlement Administrator's website for a period of at least 90 days. (Civ. Code Sec.1781(g); Cal. Rules of Ct., rule 3.771(b).)
CV-24-008369 - CHRISTIANSEN, JOSEPH vs SAVE MART SUPERMARKETS LLC - Defendant Save Mart