AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • Jolene and Johnny Gutierrez filed a lawsuit against First Choice Cash Loans, LLC, alleging violations of the New Mexico Uniform Commercial Code. The specifics of the violations or the events leading up to the lawsuit are not detailed in the provided text.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Plaintiffs-Appellees (Jolene and Johnny Gutierrez): The arguments made by the plaintiffs are not specified in the provided text.
  • Defendant-Appellant (First Choice Cash Loans, LLC): The defendant relied on the same arguments and averments made in the docketing statement in opposition to the court's proposed disposition (para 1).

Legal Issues

  • Whether the district court's order granting partial summary judgment in favor of Jolene and Johnny Gutierrez for alleged violations of the New Mexico Uniform Commercial Code was proper.
  • Whether there was an abuse of discretion in denying a continuance or in calculating damages.

Disposition

  • The Court of Appeals affirmed the district court’s order granting partial summary judgment in favor of Jolene and Johnny Gutierrez and found no abuse of discretion in denying a continuance or in calculating damages (para 1).

Reasons

  • Per RODERICK T. KENNEDY, Chief Judge (MICHAEL D. BUSTAMANTE, Judge, JONATHAN B. SUTIN, Judge concurring): The Court of Appeals decided to affirm the district court's decision based on the defendant's failure to respond adequately to the court's proposed disposition. First Choice Cash Loans, LLC, repeated the same arguments previously made without pointing out any errors in fact or law or providing new arguments. This lack of a substantive response led the Court to conclude that their initial proposal to affirm the district court's decision was correct (para 1).
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