Robison

I. BACKGROUND

19 On September 21, 2017, Plaintiff Stirling Engineering, Inc. of San Jose, CA entered into a 20 business relationship with Defendant Alfred Robison Jr. of Wichita, Kansas to process credit card 21 transactions. Compl. at 1. Defendant represented to Plaintiff that he was in the beverage distribution 22 business selling excess beverage inventory to individuals for resale. Id. The parties’ agreement was 23 that 90% of the amount from the transactions were advanced to Defendant upon the credit card 24 approval, 4% went to merchant fees, and Plaintiff was to receive a 6% commission. Id. When 25 Defendant failed to provide proof or delivery, however, several transactions were not processed and 26 the purchasers were refunded – leaving Plaintiff out of the funds it had advanced to Defendant. Id. 27 1 ¶¶ 2-6. To settle his debt, Defendant executed a promissory note on January 16, 20181, for $58,000, 2 where Defendant promised to make monthly payments of $680. Id. ¶ 5, Exh. A., ECF 1-1. After 3 four more transactions fell through, Plaintiff’s total loss was increased to $73,800. Id. ¶ 6. As a 4 result, the parties executed a second promissory note on…