Whitehill, J. | May 4, 2026
Denying in part and granting in part the plaintiffs' motion for summary judgment.
Denying summary judgment on a plaintiff's argument that a defendant violated a note and security agreement by failing to allow it to inspect "books and records" to ensure collateral was adequately protected because the defendant produced at least a scintilla of evidence that he complied with that contractual duty.
Denying summary judgment on a plaintiff's argument that a defendant violated a contractual term requiring his "personal financial statement, in form and substance reasonably satisfactory to the [plaintiff]" by not providing an audited financial statement.
Denying summary judgment on a plaintiff's argument that a defendant violated a contract requiring him not to commit to new investments without written pre-approval because no damages were proven.
Granting summary judgment on a plaintiff's argument that a defendant is not entitled to incentive compensation after determining he was fired for cause because he failed to produce any evidence that a plaintiff intended to waive the nonwaiver provision’s writing requirement.