MidCap Funding XVIII Trust v. CSC Logic, Inc.

I. INTRODUCTION

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Accordingly, the hearing date of March 15, 2021 is vacated and the matter is hereby taken under submission. On October 21, 2020, plaintiff MidCap Funding XVIII Trust, as Assignee in Interest to GemCap Lending I, LLC filed this action against defendant CSC Logic, Inc. Dkt. 1. The complaint asserts ten claims against defendant for: (1)-(3) breach of contract; (4) breach of the implied covenant of good faith and fair dealing; (5) gross negligence; (6) fraud; (7) aiding and abetting fraud; (8) tortious interference with contract; (9) tortious interference with prospective business advantage; and (10) declaratory relief. Id. Plaintiff is the Assignee of Interest of GemCap Lending I, LLC (“GemCap’”), which entered into an Amended and Restated Loan and Security Agreement with Encore Park Fund 1, LLC (“EPF-1”) on January 10, 2019. Id. 413. Plaintiff alleges that EPF-1, which 1s not a party to this action, contracted with defendant to outsource the cataloging of EPF-1’s assets in connection with the loan …