Sundby

Sundby v. Marquee Funding Group, Inc.

Good Law
United States District Court, Southern District of CaliforniaNovember 18, 20213:19-cv-00390California2,168 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 The extensive factual background of this case is well known to the parties and has 25 been summarized in the Court’s previous Orders, so the Court will not restate its details 26 here. See ECF No. 209 (Summary Judgment Order containing a comprehensive summary 27 of the factual background of the case). Relevant to the instant motion, the Court previously entered partial summary judgment for Plaintiff, finding that Plaintiff had met his burden in demonstrating (1) three Truth in Lending Act (“TILA”) violations as to the 2016 Lender Defendants, (2) three TILA violations as to the 2017 Lender Defendants, and (3) one TILA violation as to Defendant Marquee Funding Group (“MFG”). Id. at 53. As to damages on Plaintiff’s first cause of action, the Court found that Defendant MFG’s statutory damages under § 1640(a)(2)(A)(i), (iv) were capped at $4,000 per violation and that § 1640(a)(4) did not apply. Id. The Court denied further summary adjudication of the damages issue under Plaintiff’s first cause of action. Id. On April 22, 2021, following Plaintiff’s Ex Parte Motion for an Order on TILA Damages (ECF No. 230), and based on Defendant’s…

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