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BBF Partners LLC v. Mon Ethos Pro Consulting LLC

Plaintiffs State Breach Claims But Defendants Granted Judgment as to Abuse of Process

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MEMORANDUM AND ORDER Plaintiffs BBF Partners LLC and Tailored Fund Cap LLC filed this action alleging breach of contract and malicious abuse of process against defendants Mon Ethos Pro Consulting LLC and David A. Whitaker. Plaintiffs allege that defendants breached two contracts and then engaged in frivolous litigation designed to coerce plaintiffs into accepting defendants’ settlement demands. Defendants have moved for judgment on the pleadings. For the reasons stated below, defendants’ motion is granted in part and denied in part. BACKGROUND The following facts are drawn from the complaint and are assumed true for the purposes of this order. On June 10, 2020, BBF (using the name “Rapid Cap”) contracted with Mon Ethos to purchase $127,315 of Mon Ethos’ future receivables. Compl. 10 (Dkt. # 1). The contract specified that Mon Ethos would pay BBF/Rapid Cap twenty percent of its daily receivables until that amount was reached. Id.

10-14. Whitaker agreed to guarantee Mon Ethos’ performance under the contract personally. Id. 10. Initially, Mon Ethos performed under the contract. Id. 13. But on or around June 25, 2020, Mon Ethos stopped making payments despite a balance of $94,449 remaining due. Id. 14. On June 15, 2020, Tailored Fund Cap (using the name “Day to Day Funding”) contracted with Mon Ethos to purchase $67,455 of Mon Ethos’ future receivables. Id. 17. This contract also called for Mon Ethos to pay Tailored/Day to Day twenty percent of its daily receivables until the purchase amount was reached. Id. 19. As with the first contract, Whitaker personally guaranteed Mon Ethos’ performance. Id. 17. Mon Ethos originally performed but stopped making payments on or around June 25. Id.

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