Case docket
Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC — C.D. Cal.
Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC — 8 court filings in the archive from U.S. District Court, Central District of California, filed between May 6, 2020 and March 25, 2022. Among them: 3 complaints, 2 orders and 1 judgment.
Profile: Fountainhead
Case facts
| Court | U.S. District Court, Central District of California |
|---|---|
| Filings | 8 public filings (2 undated) |
| Filed | 2020-05-06 – 2022-03-25 |
| Document types | complaints (3), orders (2), judgment (1), declaration (1), response or reply (1) |
| Original PDFs | 8 of 8 |
Case summary
Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, No. 2:20-cv-04149 in the U.S. District Court for the Central District of California, is a California state-wide class action filed May 6, 2020 by a Los Angeles small business against a Paycheck Protection Program lender. The complaint pleads fraudulent concealment, unfair business practices and false advertising, alleging that Fountainhead represented it would process loans in a queue but operated a secret priority system that favored high-value PPP loans earning it larger fees. The court granted a motion to dismiss on August 6, 2021 and, after a second amended complaint adding a fraudulent deceit claim, dismissed that complaint with prejudice on November 24, 2021. Final judgment was entered for the defendants on March 25, 2022.
Case at a glance
| Parties | Plaintiff Elizabeth M. Byrnes, Inc., a corporation and small business operating in Los Angeles, California, on behalf of a California state-wide class; defendants Fountainhead Commercial Capital, LLC and Fountainhead SBF LLC |
|---|---|
| Court and docket | U.S. District Court for the Central District of California, No. 2:20-cv-04149-DDP-RAO, before Judge Dean D. Pregerson |
| Program | Paycheck Protection Program (PPP) |
| Claims | State law claims for fraudulent concealment, fraudulent deceit, unfair business practices under California's Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., and false advertising under the False Advertising Law, § 17500 et seq. |
| Disposition or status | Judgment for the defendants. The second amended complaint was dismissed with prejudice on November 24, 2021 and final judgment was entered March 25, 2022 for Fountainhead Commercial Capital, LLC and Fountainhead SBF LLC |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What does the complaint allege?
That although PPP funding was intended to be processed on a first come, first served basis and Fountainhead represented it would process and prioritise loans as received in a queue, it had a secret priority system that shuffled the queue and prioritised high-value PPP loans earning it larger fees, so that class members who did not meet its criteria did not receive funding. These are the complaint's allegations.
Why were the claims dismissed?
The order of November 24, 2021 holds that Fountainhead owed the plaintiff no duty of disclosure even assuming a borrower-lender relationship, and notes that with the PPP expired there is no danger of future harm, so the fraudulent concealment claim is dismissed with prejudice. The equitable Unfair Competition Law and False Advertising Law claims were dismissed as well.
What did the final judgment say?
That for the reasons in the order of November 24, 2021, which dismissed with prejudice all of the causes of action brought against the defendants on the merits, final judgment is entered in favor of Fountainhead Commercial Capital, LLC and Fountainhead SBF LLC.
Summary written from the documents on this page; every sentence is sourced.
Filings
8 public filings from this case, in filing-date order; undated filings are listed last.
- Class action complaintComplaint · PDF
- First amended class action complaintComplaint · PDF
- Order granting motion to dismiss (FAC)Order · PDF
- Second amended class action complaintComplaint · PDF
- Order granting motion to dismiss SAC with prejudiceOrder · PDF
- Final judgmentJudgment · PDF
- undatedDeclaration Michael R. Farrell — Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC (Dkt. 23-2, C.D. Cal.)Declaration · PDF
- undatedResponse in Support of Notice — Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC (Dkt. 25, C.D. Cal.)Response or reply · PDF
More documents from this docket
1 more document from the same CourtListener docket (gov.uscourts.cacd.781948) is in the archive but is not among the 8 filings above.
- Motion to Dismiss MemorandumMemorandum or brief
Court, dates and docket numbers are as recorded on the filings.