In the Matter of THE GEORGE GARY VENIOT LIVING TRUST

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.

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