C S BIO CO., et al. v. COMERICA BANK

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 C S BIO CO., et al., Case No. 22-cv-05033-RS Plaintiffs, 11 v. ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

COMERICA BANK,

13 Defendant.

15 I. INTRODUCTION As described in prior orders, plaintiffs CS Bio Co. and CCS Management, LLC (collectively “CS”) are related commercial entities who had a long-term banking relationship with defendant Comerica Bank. CS brought this action alleging, in essence, that Comerica backtracked on its promises to provide a new loan to fund the construction of improvements to a property CS owned. In the motion for summary judgment now pending, the central issue is whether there is a triable issue of fact as to damages, and more particularly, whether the categories of damages alleged by CS were caused, in a legal sense, by Comerica’s alleged fraud. With some exceptions discussed below, CS’s damage claims are based on comparing the expenses it…