ORDER RE PLAINTIFF WESTAMERICA BANK'S MOTION FOR SUMMARY JUDGMENT

JOHN A. MENDEZ, District Judge.

The Motion for Summary Judgment of Plaintiff Westamerica Bank ("Westamerica") against Defendant TMP SSH Operations, LLC ("TMP") and Defendant RMC Medstone Capital, LP ("RMC") came on regularly for hearing on August 5, 2015, at 9:30 a.m. in Courtroom 6 of the above-captioned Court.

Having considered the moving and the opposing papers, and the arguments in support thereof, as well as the pleadings on file, and good cause appearing, the Court hereby finds as follows:

1. County Bank and TMP entered into a loan agreement by which County Bank loaned TMP $10,000,000.

2. TMP acknowledged that the $10,000,000 loan proceeds were disbursed to TMP.

3. TMP breached the loan agreement by failing to repay the loan.

4. The loan was secured by a perfected security interest in Class B and other membership units in Stanislaus Surgical Hospital, LLC (the "Collateral").

5. Westamerica is the successor in interest to County Bank, and the loan is due and payable to Westamerica.

6. Westamerica was damaged due to TMP's failure to repay the loan.

7. County Bank and RMC entered into a guaranty by which RMC guaranteed the repayment of the loan by TMP.

8. RMC failed and refused to repay the Loan pursuant to its guaranty when TMP defaulted in its repayment.

9. RMC acknowledged and consented to TMP's loan obligations to Westamerica.

10. As a result of TMP's breach of its loan agreement and RMC's breach of its guaranty, Westamerica has suffered damages in an amount to be determined plus the interest, fees and costs associated with the Loan.

11. The Court further finds that Westamerica has established all of the elements required for its causes of action against TMP for breach of the loan agreement, for foreclosure of the Collateral, and for recovery of the Collateral, and summary judgment must be granted as to a matter of law.

12. The Court further finds that Westamerica has established all of the elements required for its causes of action against RMC for breach of the guaranty.

13. TMP and RMC have failed to provide evidence in support of their opposition showing a triable issue of material fact.

THEREFORE IT IS ORDERED:

1. Westamerica's Motion for Summary Judgment against TMP and RMC is hereby GRANTED;

2. TMP is required to, within 48 hours after receipt of this order, transfer the Collateral to Westamerica and take all actions and execute all documents necessary to effect such a transfer.

3. Westamerica is entitled to sell the Collateral at public or private sale.

IT IS SO ORDERED.