Justice Carolyn Demarest
Ameritel Mobile LLC brought an action against Wireless Connection and Tsang for breach of three written management agreements and three guarantees. Ameritel moved for summary judgment directing that a judgment be entered in its favor on its claim for breach of contract and dismissing all counterclaims asserted by defendants. The court held that the management agreements were legally binding as a matter of law. The management agreements contained all material terms, did not contemplate any future negotiation, and evinced the parties’ intent to be bound, and added that the parties performed under the management agreements. The court therefore determined that, as it established Wireless’ default under the management agreements, Ameritel has shown its entitlement to judgment as a matter of law against Wireless under the management agreements. The court also found that Tsang may be held liable to Ameritel, pursuant to the guarantees, which unconditionally guaranteed the complete and timely performance by Wireless of all of its obligations and full and prompt payment under the management agreements. The court therefore found that Ameritel is entitled to summary judgment on its breach of contract claim.
