BP West Coast Products LLC v. Crossroad Petroleum, Inc. et al

Filing 698

ORDER Requesting Additional Briefing. It is ordered, each Party shall file a supplemental brief (one per side) regarding the validity of the guarantee agreements on or before 12/5/2017. Signed by Judge Janis L. Sammartino on 11/28/2017.(All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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BP WEST COAST PRODUCTS, LLC,

Case No.: 12-CV-665 JLS (JLB) Lead
Case

Plaintiff and Counter-Defendant,
v.

ORDER REQUESTING
ADDITIONAL BRIEFING

CROSSROAD PETROLEUM, INC., ET
AL.,
Defendants and Counter-Claimants.
AND RELATED CONSOLIDATED
ACTIONS

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Presently before the Court is Plaintiff and Counter-Defendant BP West Coast

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Products LLC’s (“BP”) Motion for Summary Judgment, (ECF No. 685). In part, BP argues

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the Court should grant summary judgment on BP’s claim for breach of guaranty

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agreements as to guarantor defendants Khaja Ansari, Fazilath Ansari, Nadir Sahih, Payam

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Sahih, Rajesh Arora, Anup Patel, Tarun Maitra, and Soma Prasad. Neither BP nor

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Defendants addressed the validity of the guarantee agreements. See Grayl CPB, LLC v.

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Kolokotronis, 202 Cal. App. 4th 480, 486 (2011) (holding a lender must show the following

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to prove breach of guaranty: “1) there is a valid guaranty, 2) the borrower has defaulted,

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and 3) the guarantor failed to perform under the guaranty.” (citing Torrey Pines Bank v.
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12-CV-665 JLS (JLB) Lead Case

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Superior Court, 216 Cal. App. 3d 813, 819 (1989)).) Accordingly, each Party SHALL

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FILE a supplemental brief (one per side) regarding the validity of the guarantee

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agreements on or before December 5, 2017.

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IT IS SO ORDERED.
Dated: November 28, 2017

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12-CV-665 JLS (JLB) Lead Case