LENDERS FUNDING, LLC VS. RYAN WEAR ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24618359 - July 9, 2025 Hearing date: July 9, 2025 Case number: CGC24618359 Case title: LENDERS FUNDING, LLC VS. RYAN WEAR ET AL Case Number: | | CGC24618359 | Case Title: | | LENDERS FUNDING, LLC VS. RYAN WEAR ET AL | Court Date: | | 2025-07-09 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT Notice Of Motion And Motion For Summary Judgment Or, In The Alternative, Summary Adjudication Against Defendant Ryan Wear; Memorandum Of Points And Authorities In Support Thereof | Rulings: | | Matter on calendar for Wednesday, July 9, 2025, Line 8, PLAINTIFF LENDERS FUNDING, LLC's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication Against Defendant Ryan Wear.

The unopposed motion for summary judgment by plaintiff Lenders Funding, LLC against defendant Ryan Wear is granted. "[A]ny party to an action . . . 'may move' the court 'for summary judgment' in his favor on a cause of action (i.e., claim) or defense (Code Civ. Proc., 437c, subd. (a))-a plaintiff 'contend[ing] ... that there is no defense to the action,' a defendant 'contend[ing] that the action has no merit' (ibid.). The court must 'grant[]' the "motion' 'if all the papers submitted show' that 'there is no triable issue as to any material fact' (id., 437c, subd. (c))-that is, there is no issue requiring a trial as to any fact that is necessary under the pleadings and, ultimately, the law-and that the 'moving party is entitled to a judgment as a matter of law' (Code Civ.

Proc., 437c, subd. (c))." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 [some internal citations omitted].)

Lenders Funding brings two causes of action. The first is for breach of a commercial guaranty contract. Lenders Funding's evidence demonstrates that Wear provided a guarantee for money borrowed by Refreshing USA, LLC; Refreshing has defaulted; and Wear has failed to make good its default. (UMF 5, 8, 12.)

The second cause of action is a common count of money due. The same evidence establishes this cause of action. Lenders Funding is not required to present evidence to defeat Wear's affirmative defenses to prevail on its summary judgment motion. (See Code Civ. Proc., 437c, subd. (p)(1).)

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.