Alamada Nagy v. Retail Capital LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JORGE O. ALMADA NAGY; Case No.: 23cv537-LL-BLM

WOODEX,

ORDER DENYING MOTION FOR

Plaintiffs, SUMMARY JUDGMENT v. 14 [ECF No. 42] RETAIL CAPITAL LLC dba Credibly;

CREDIBLY OF ARIZONA LLC,

16 Defendants. 17 18 Before the Court is Plaintiffs and Counter-Defendants Jorge O. Almada Nagy and Woodex (collectively “Plaintiffs”) Motion for Summary Judgment (ECF No. 42) on Defendants and Counterclaimants Retail Capital LLC dba Credibly (“Retail Capital”) and Credibly of Arizona LLC’s (“COA”) (collectively “Defendants”) Counterclaim (ECF No. 33) and on Plaintiffs’ Second Amended Complaint (ECF No. 16). For the following reasons, the Court DENIES the Motion. I. PROCEDURAL BACKGROUND On March 24, 2023, Plaintiffs filed a Complaint against Defendants alleging that Defendants “tricked Plaintiffs into handing over personal and financial information by pretending to enter into a loan agreement with them, then, posing as Plaintiffs,…