The plaintiff moved for summary judgment to enforce a debt arising from an investment agreement and a subsequent guarantee agreement related to a house-flipping project.
The defendants argued the motion was premature and raised concerns about unconscionability, as the wife of the plaintiff's principal, a lawyer, had acted for all parties without advising the defendants to seek independent legal advice.
The court dismissed the motion, finding that the decontextualized affidavit evidence and the absence of evidence from the lawyer created a risk of substantive unfairness, meaning there was a genuine issue requiring a trial.
