AGK Sierra de Montserrat, L.P. v. Comerica Bank

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AGK SIERRA de MONTSERRAT, L.P., No. 2:15-cv-01280-KJM-DB Plaintiffs, v. ORDER COMERICA BANK, et al., Defendants.

17 In this contract dispute between plaintiff AGK Sierra de Montserrat, L.P, and defendant Comerica Bank, plaintiff moves for partial summary judgment of its claim for breach of contract and declaratory relief against defendant. For the reasons below, the court DENIES the motion. I. FACTUAL BACKGROUND The following facts are undisputed except where noted.1

1 Defendant lodges objections to nearly all of plaintiff’s proposed undisputed facts, primarily arguing that the “‘fact’ impermissibly characterizes documentary evidence” which “speaks for itself” and the fact is “vague, ambiguous, and overbroad.” See, e.g., Def.’s Resp. SUF 3–6, ECF No. 48-48. Defendant often adds, “without waiving these objections, undisputed.” 27 Id. For purposes of providing the factual background to the instant motion,…