JAMES G. MORRIS, State Bar #0 BRANDON C. MURPHY, State Bar # BAYLEIGH J. PETTIGREW, State Bar #00 MORRIS & ASSOCIATES, Attorneys at Law West Victory Boulevard Burbank, California 0- Tel: ( -; Fax: ( - Attorney for Plaintiff VALLEY ECONOMIC DEVELOPMENT CENTER, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES VALLEY ECONOMIC DEVELOPMENT CENTER, INC., a California nonprofit corporation v. Plaintiff, GBD GRAPHICS, INC., a California corporation, doing business as GOLD GRAPHICS MANUFACTURING COMPANY; KENNETH GOLD, an individual; ANDREW GOLD, an individual; ALBERT GOLD, an individual; CAROLYN GOLD, an individual; and DOES 1 through, inclusive Defendants. CASE NO. LC0 SEPARATE STATEMENT OF UNDISPUTED FACTS DATE: April, TIME: :0 a.m. DEPT: NWM TO DEFENDANTS GBD GRAPHICS, INC., a California Corporation, doing business as GOLD GRAPHICS MANUFACTURING COMPANY (hereinafter GBD ; KENNETH GOLD, an individual; ALBERT GOLD, an individual, CAROLYN GOLD, an individual, and DOES 1- inclusive, AND TO THEIR ATTORNEYS OF RECORD: Plaintiff, VALLEY ECONOMIC DEVELOPMENT CENTER, INC., a California nonprofit corporation (hereinafter VEDC, hereby submits the following Separate Statement of Undisputed Facts and Supporting Evidence as follows: /// -1-
ISSUE #1: Summary adjudication shall be granted to Plaintiff on the Second Cause of Action for Breach of Written Contract. Defendant, ANDREW GOLD, has breached the written agreement entered into with Plaintiff by failing to make payments due and owing to Plaintiff after Plaintiff performed by lending money to Defendants. Plaintiff is entitled to recovery of ONE HUNDRED TWENTY-EIGHT THOUSAND AND ONE HUNDRED SIXTEEN DOLLARS AND TWENTY-FIVE CENTS ($,1.. Moving Party s Undisputed Facts and Supporting Evidence: 1. Plaintiff received a Promissory Note in the amount of ONE HUNDRED THIRTY- SIX THOUSAND ONE HUNDRED TEN DOLLARS AND THIRTY-FOUR CENTS ($,0. from Defendant GBD. Declaration of NILIMA KAPOOR, ; Promissory Note, Exhibit 1.. Defendant, ANDREW GOLD, gave Plaintiff a Continuing Guaranty on the Note wherein ANDREW GOLD promised to pay Plaintiff the principal sum of ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED TEN DOLLARS AND THIRTY- FOUR CENTS ($,0. plus interest and attorneys fees and all costs and expenses incurred in the enforcement of the Opposing Party s Response and Supporting Evidence: --
Guaranty. Declaration of NILIMA KAPOOR, ; Continuing Guaranty of ANDREW GOLD, Exhibit.. Defendant, ANDREW GOLD, signed a Forbearance Agreement acknowledging his continuing obligation under his Guaranty and waiving any defenses to his obligation. Declaration of NILIMA KAPOOR,. Forbearance Agreement, Exhibit.. Defendant breached his agreement by failing to make payments to Plaintiff. Declaration of NILIMA KAPOOR,.. VEDC is entitled to the outstanding principal balance of NINETY-ONE THOUSAND FIVE HUNDRED NINETY- FOUR DOLLARS AND THIRTY-ONE CENTS ($1,.1, plus accrued late fees of TEN THOUSAND SIX HUNDRED THIRTY-THREE DOLLARS AND SEVENTY CENTS ($,.0, plus accrued interest of NINETEEN THOUSAND SIX HUNDRED SIXTEEN DOLLARS AND FORTY-FIVE CENTS ($,. through February,. Declaration of NILIMA --
KAPOOR,. Payoff Statement, Exhibit.. Plaintiff is entitled to attorney s fees of FIVE THOUSAND SEVEN HUNDRED SIX DOLLARS AND EIGHTY-NINE CENTS ($,0. and costs of FIVE HUNDRED SIXTY-FOUR DOLLARS AND NINETY CENTS ($.0. Declaration of NILIMA KAPOOR,. ANDREW GOLD Guaranty p.,.. Plaintiff is entitled to recovery of ONE HUNDRED TWENTY-EIGHT THOUSAND AND ONE HUNDRED SIXTEEN DOLLARS AND TWENTY-FIVE CENTS ($,1., due to Defendant s failure to repay the loan. Declaration of NILIMA KAPOOR, -; Payoff Statement, Exhibit. DATED: April, MORRIS & ASSOCIATES vedc-gbd.sep.stmt////jch By: BAYLEIGH J. PETTIGREW Attorney for Plaintiff VALLEY ECONOMIC DEVELOPMENT CENTER, INC. --
PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of and not a party to the within action. My business address is West Victory Boulevard, Burbank California 0-. On April,, I served the foregoing document described as SEPARATE STATEMENT OF UNDISPUTED FACTS on interested parties in this action X By placing: the original X a true copy thereof enclosed in sealed envelopes addressed as follows: ***SEE ATTACHED SERVICE LIST*** X X BY MAIL: I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Burbank, California. BY FAX: I caused such document to be transmitted by facsimile transmission to, facsimile number ( -, on April,. The transmission was reported as complete and without error. A copy of the transmission report is attached hereto. The transmission report was properly issued by the transmitting facsimile machine. BY PERSONAL SERVICE: I caused such an envelope to be delivered by hand to the offices of the addressee. Executed on April,, at Burbank, California. (State I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. JUSTINE C. HASENFRATZ Signature PROOF OF SERVICE
VALLEY ECONOMIC DEVELOPMENT CENTER, INC. v. GBD GRAPHICS, INC. dba GOLD GRAPHICS MANUFACTURING COMPANY, et al. LASC CASE NO. LC0 SERVICE LIST KENNETH GOLD 0 MOORPARK STREET SHERMAN OAKS, CA 0 ALBERT GOLD 0 HATTERAS STREET, # TARZANA, CA - CAROLYN GOLD 0 HATTERAS STREET, # TARZANA, CA - ANDREW GOLD 1 KLING STREET VALLEY VILLAGE, CA 0 GBD GRAPHICS, INC. dba GOLD GRAPHICS MANUFACTURING COMPANY c/o MITCHELL KAUFMAN AGENT FOR SERVICE OF PROCESS VENTURA BLVD., SUITE 00 ENCINO, CA SERVICE LIST