ANSWER to 108 Amended Complaint, by PRESTAMOS CDFI, LLC — Marshall Prestamos (Dkt. 119)

Record facts

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 119 · 2024-05-21 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT  
FOR THE EASTERN DISTRICT OF PENNSYLVANIA 
ALICIA MARSHALL, DANIEL PRONSKY, 
PARIS TOWNSEND, NANCILEE HOLLAND, 
LEONA OWSLEY, KOLAWOLE AHMADOU, 
KIANA DERVIN, KRISTINA HENDERSON, 
DUSTIN INNIS, KELLY STALNAKER, 
JAMIE JONES, GEORGINA DREVNAK, 
JOHN MARTIN, EZRA BEATTIE, GREGORY 
LLOYD, ALYSHIA JOHNSON, LAMETRIA 
MARVEL, GUY GRICHAR, JAHBRAEL 
HORNE, ENOBONG ETUKNWA, and 
SHARON BRADLEY SMITH, individually and 
on behalf of all others similarly situated, 
Plaintiffs, 
v. 
PRESTAMOS CDFI, LLC and CHICANOS 
POR LA CAUSA, INC., 
Defendants. 
 
 
 
 
 
 
 
 
Civil Action No. 5:21-cv-04337-JMG 
 
 
DEFENDANT PRESTAMOS CDFI LLC’S ANSWER  
TO THE THIRD AMENDED COMPLAINT 
 
Defendant Prestamos CDFI, LLC (“Prestamos” or “Defendant”), by and through its 
undersigned counsel, answers the allegations set forth in the Third Amended Complaint (“TAC”) 
filed by Plaintiffs Alicia Marshall, Daniel Pronsky, Paris Townsend, Nancilee Holland, Leona 
Owsley, Kolawole Ahmadou, Kiana Dervin, Kristina Henderson, Dustin Innis, Kelly Stalnaker, 
Jamie Jones, Georgina Drevnak, John Martin, Ezra Beattie, Gregory Lloyd, Alyshia Johnson, 
Lametria Marvel, Guy Grichar, Jahbrael Horne, Enobong Etuknwa, and Sharon Bradley Smith 
(collectively, “Plaintiffs”) and alleges affirmative defenses.  To the extent not specifically 
admitted, all allegations contained in the TAC are denied, including those that may be reflected in 
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section headings.  On May 15, 2024, Defendant Chicanos Por La Causa, Inc. (“CPLC”) filed a 
motion pursuant to Federal Rule of Civil Procedure 12(b)(2) to dismiss Plaintiffs’ claim against 
CPLC for lack of personal jurisdiction.  A decision on CPLC’s motion to dismiss remains pending. 
Summary of the Claims 
1. 
Admitted in part, denied in part.  Admitted only that Congress passed the 
Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) in response to the COVID-
19 pandemic.  The CARES ACT is a writing that speaks for itself and the remaining allegations 
of Paragraph 1 are denied to the extent they are inconsistent therewith.  The allegations of 
Paragraph 1 are also denied to the extent they are conclusions of law to which no response is 
required. 
2. 
Admitted in part, denied in part.  Admitted only that the PPP is administered by the 
United States Small Business Administration (“SBA”) and that Prestamos executed certain 
documents with PPP borrowers.  The CARES Act is a writing that speaks for itself and the 
remaining allegations of Paragraph 2 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 2 are also denied to the extent they are conclusions of law to which no 
response is required. 
3. 
Denied.  The “applicable provisions of the PPP” are writings that speak for 
themselves and the remaining allegations of Paragraph 3 are denied to the extent they are 
inconsistent therewith.  The allegations of Paragraph 3 are also denied to the extent they are 
conclusions of law to which no response is required.  
4. 
Admitted in part, denied in part.  Admitted only that the PPP entitles lenders to fees 
payable by the SBA.  The CARES Act is a writing and speaks for itself.  The allegations of 
Paragraph 4 are denied to extent they are inconsistent therewith.  The remaining allegations of 
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Paragraph 4 state legal conclusions to which no response is required but, to the extent a response 
is required, Prestamos denies the remaining allegations in Paragraph 4. 
5. 
Admitted.   
6. 
Denied.  By way of further answer, Prestamos lawfully obtained, administered, 
disbursed, and otherwise accounted all PPP-related funds that it received or borrowed from the 
U.S. government.   
7. 
Admitted in part, denied in part.  Admitted that Prestamos is and during all relevant 
times was wholly owned by Defendant CPLC.  It is further admitted that CPLC’s Fiscal Year 
2019-2020 Annual Report “A Chance to Change the World” contains the quoted language 
referenced in Paragraph 7.  Moreover, CPLC is located at 1112 E. Buckeye Road and Prestamos 
is located at 1024 E. Buckeye Road, both in Phoenix, Arizona.  Further, Ballard Spahr LLP and 
Herrera Arellano LLP represent Prestamos and CPLC in this litigation. The remaining allegations 
of Paragraph 7 state legal conclusions to which no response is required but, to the extent a response 
is required, Prestamos denies the remaining allegations in Paragraph 7.  
8. 
The first sentence of Paragraph 8 is denied, except it is admitted only that SBA 
increased fees for PPP lenders in 2021.  The first sentence is also a legal conclusion to which no 
response is required.  The second sentence of Paragraph 8 is denied.  By way of further answer, 
Prestamos lawfully obtained, administered, disbursed, and otherwise accounted for all PPP-related 
funds that it received or borrowed from the U.S. government.   
9. 
Admitted in part, denied in part.  It is admitted that Prestamos “expanded” PPP 
lending in 2021 and that the cited SBA PPP Report regarding approvals through May 31, 2021 
contains a chart attributing 494,415 “loans approved” to Prestamos and a “Net Dollars” figure of 
$7,676,108,813.  Otherwise, the SBA PPP Report is a writing that speaks for itself and the 
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remaining allegations of Paragraph 9 are denied to the extent they are inconsistent therewith.  By 
way of further answer, Prestamos lawfully obtained, administered, disbursed, and otherwise 
accounted for all PPP-related funds that it received or borrowed from the U.S. government.   
10. 
Admitted in part, denied in part.  Admitted only that the cited article states that 
Prestamos would collect $1.2 billion in fees in 2021, and that Blueacorn received certain fees 
pursuant to its contract with Prestamos.  Prestamos respectfully refers the Court to the cited article 
for the complete and accurate text thereof, although Prestamos lacks knowledge or information 
sufficient to form a belief about the truth every statement in the subject writing and, therefore, 
denies Plaintiffs’ characterizations thereof.  The allegations of Paragraph 10 are denied to the 
extent they are inconsistent therewith.  By way of further answer, Prestamos lawfully obtained, 
administered, disbursed, and otherwise accounted for all PPP-related funds that it received or 
borrowed from the U.S. government.   
11. 
Admitted only that CPLC disclosed a portion of the lender processing fees in its 
financial statements.  The remaining allegations of Paragraph 11 state legal conclusions to which 
no response is required but, to the extent a response is required, Prestamos denies the remaining 
allegations in Paragraph 11.  
12. 
Admitted in part, denied in part.  Admitted only that the quoted information appears 
in CPLC’s Consolidated Financial Statements and Supplementary information for the year ending 
June 30, 2021.  Prestamos respectfully refers the Court to the cited website for the complete and 
accurate text thereof.  The allegations of Paragraph 12 are denied to the extent they are inconsistent 
therewith. 
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13. 
Denied.  The allegations of Paragraph 13 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 13. 
14. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 14 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 14. 
Parties 
15. 
Denied.  Prestamos denies the allegations in Paragraph 15 for lack of knowledge.  
16. 
Denied.  Prestamos denies the allegations in Paragraph 16 for lack of knowledge.  
17. 
Denied.  Prestamos denies the allegations in Paragraph 17 for lack of knowledge.  
18. 
Denied.  Prestamos denies the allegations in Paragraph 18 for lack of knowledge.  
19. 
Denied.  Prestamos denies the allegations in Paragraph 19 for lack of knowledge.  
20. 
Denied.  Prestamos denies the allegations in Paragraph 20 for lack of knowledge.  
21. 
Denied.  Prestamos denies the allegations in Paragraph 21 for lack of knowledge.  
22. 
Denied.  Prestamos denies the allegations in Paragraph 22 for lack of knowledge.  
23. 
Denied.  Prestamos denies the allegations in Paragraph 23 for lack of knowledge.  
24. 
Denied.  Prestamos denies the allegations in Paragraph 24 for lack of knowledge.  
25. 
Denied.  Prestamos denies the allegations in Paragraph 25 for lack of knowledge.  
26. 
Denied.  Prestamos denies the allegations in Paragraph 26 for lack of knowledge.  
27. 
Denied.  Prestamos denies the allegations in Paragraph 27 for lack of knowledge.  
28. 
Denied.  Prestamos denies the allegations in Paragraph 28 for lack of knowledge.  
29. 
Denied.  Prestamos denies the allegations in Paragraph 29 for lack of knowledge.  
30. 
Denied.  Prestamos denies the allegations in Paragraph 30 for lack of knowledge.  
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31. 
Denied.  Prestamos denies the allegations in Paragraph 31 for lack of knowledge.  
32. 
Denied.  Prestamos denies the allegations in Paragraph 32 for lack of knowledge.  
33. 
Denied.  Prestamos denies the allegations in Paragraph 33 for lack of knowledge.  
34. 
Denied.  Prestamos denies the allegations in Paragraph 34 for lack of knowledge.  
35. 
Denied.  Prestamos denies the allegations in Paragraph 35 for lack of knowledge.  
36. 
Admitted in part, denied in part.  Admitted that Prestamos is a limited liability 
company organized under the laws of the State of Arizona, with its principal place of business at 
1024 E. Buckeye Road, Suite 270, Phoenix, Arizona 85034, with additional offices in Tucson, 
Arizona, and Las Vegas and Reno, Nevada.  Denied that Prestamos currently has an office in Santa 
Fe, New Mexico. 
37. 
Admitted in part, denied in part.  Admitted as to the first sentence of Paragraph 37.  
By way of further answer, CPLC is registered in Arizona as a domestic nonprofit corporation.  
Arizona Corporation Commission website is a writing and speaks for itself and the remaining 
allegations of Paragraph 37 are denied to the extent they are inconsistent therewith. 
38. 
Admitted in part, denied in part.  Admitted that David Adame (“Adame”) was 
CPLC’s CEO and President throughout 2021, and that Adame served on Prestamos’s Board of 
Directors and Community Advisory Board throughout 2021.  Admitted that Adame resigned from 
his position as CEO and President of CPLC on or about October 6, 2023.  Prestamos respectfully 
refers the Court to the cited articles for the complete and accurate text thereof, although Prestamos 
lacks knowledge or information sufficient to form a belief about the truth every statement in the 
subject writing and, therefore, denies Plaintiffs’ characterizations thereof.  The allegations of 
Paragraph 38 are denied to the extent they are inconsistent therewith.  The remaining allegations 
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of Paragraph 38 state legal conclusions to which no response is required but, to the extent a 
response is required, Prestamos denies the remaining allegations in Paragraph 38. 
39. 
Admitted in part, denied in part.  Admitted that Alicia Nunez (“Nunez”) succeeded 
Adame as President and CEO of CPLC, and that Nunez had previously served as CPLC’s 
Executive Vice President and CFO.  The remaining allegations of Paragraph 39 state legal 
conclusions to which no response is required but, to the extent a response is required, Prestamos 
denies the remaining allegations in Paragraph 39. 
Jurisdiction & Venue 
40. 
Paragraph 40 calls for legal conclusions, to which no answer is required. 
41. 
Admitted in part, denied in part.  Admitted only that Prestamos has entered into 
PPP loan agreements with PPP borrowers in the Eastern District of Pennsylvania and satisfied the 
requirements under those agreements.  The remaining allegations of Paragraph 41 state legal 
conclusions to which no response is required but, to the extent a response is required, Prestamos 
denies the remaining allegations in Paragraph 41. 
42. 
Denied.  The allegations of Paragraph 42 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 42. 
43. 
Admitted in part, denied in part.  It is admitted that Prestamos received some loan 
processing fees for loans associated with this District.  It is denied that Prestamos received any 
fees “on the backs of resident business owners.”  Prestamos denies the remaining allegations in in 
Paragraph 43.   
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44. 
Denied.  The allegations of Paragraph 44 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 44. 
45. 
Admitted in part, denied in part.  Admitted that Prestamos’s role is not limited to 
entering into standard form loan agreement contracts and funding the loans.  Further, it is admitted 
that the cited regulations include the quoted text.  Prestamos respectfully refers the Court to the 
cited regulations for the complete and accurate text thereof. The remaining allegations of 
Paragraph 45 state legal conclusions to which no response is required but, to the extent a response 
is required, Prestamos denies the remaining allegations in Paragraph 45. 
46. 
Denied.  The allegations of Paragraph 46 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 46. 
47. 
Denied.  The allegations of Paragraph 47 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 47. 
48. 
Denied.  The allegations of Paragraph 48 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 48. 
Additional Factual Allegations 
Background Concerning the COVID-19 Pandemic and the PPP 
49. 
Admitted. 
50. 
Admitted in part, denied in part.  Admitted only that Congress passed the CARES 
Act in response to the COVID-19 pandemic.  The CARES Act is a writing and speaks for itself.  
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The allegations of Paragraph 50 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 50 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 50 except as expressly 
admitted herein. 
51. 
Admitted in part, denied in part.  Admitted only that Congress passed the CARES 
Act in response to the COVID-19 pandemic.  The CARES Act is a writing and speaks for itself.  
The allegations of Paragraph 51 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 51 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 51 except as expressly 
admitted herein. 
52. 
Admitted in part, denied in part.  Admitted only that Congress passed the CARES 
Act in response to the COVID-19 pandemic.  The CARES Act is a writing and speaks for itself.  
The allegations of Paragraph 52 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 52 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 52 except as expressly 
admitted herein. 
53. 
Admitted in part, denied in part.  Admitted only that the CARES Act permits SBA 
to guarantee loans under the PPP and that the Act provides for forgiveness of up to the full principal 
amount of qualifying loans.  The CARES Act is a writing that speaks for itself and the remaining 
allegations of this paragraph are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 53 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 53 except as expressly 
admitted herein. 
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54. 
Admitted in part, denied in part.  Admitted only that the legislative renewals, 
modifications, and extensions of the PPP referenced in Paragraph 54 were signed into law, enacted, 
or otherwise put into effect.  The legislative renewals, modifications, and extensions of the PPP 
are writings that speak for themselves.  The allegations of Paragraph 54 are denied to the extent 
they are inconsistent therewith.  The allegations of Paragraph 54 state legal conclusions, to which 
no response is required, but, to the extent a response is required, Prestamos denies the allegations 
in Paragraph 54 except as expressly admitted herein. 
55. 
Denied.  The CARES Act and related regulations are writings that speak for 
themselves and the allegations of Paragraph 55 are denied to the extent they are inconsistent 
therewith.  The allegations of Paragraph 55 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
55 except as expressly admitted herein. 
56. 
Admitted in part, denied in part.  Admitted only that the Economic Aid to Hard-Hit 
Small Business, Nonprofits, and Venus Act (the “Economic Aid Act”) was enacted on December 
27, 2020.  The Economic Aid Act is a writing and speaks for itself.  The allegations of Paragraph 
56 are denied to the extent they are inconsistent therewith.  The allegations of Paragraph 56 state 
legal conclusions, to which no response is required, but, to the extent a response is required, 
Prestamos denies the allegations in Paragraph 56 except as expressly admitted herein. 
57. 
Admitted in part, denied in part.  Admitted only that Congress passed the CARES 
Act in response to the COVID-19 pandemic.  The CARES Act is a writing and speaks for itself.  
The allegations of Paragraph 57 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 57 state legal conclusions, to which no response is required, but, to the 
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extent a response is required, Prestamos denies the allegations in Paragraph 57 except as expressly 
admitted herein. 
58. 
Admitted in part, denied in part.  Admitted only that the cited statistics appear in 
the SBA Procedural Notice, Control No. 5000-20091 (Feb 8, 2021) (“SBA Procedural Notice”).  
Prestamos respectfully refers the Court to the SBA Procedural Notice for the complete and accurate 
text thereof.  The allegations of Paragraph 58 are denied to the extent they are inconsistent 
therewith.  The allegations of Paragraph 58 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
58 except as expressly admitted herein. 
59. 
Denied.  The Economic Aid Act is a writing that speaks for itself.  The allegations 
of Paragraph 59 are denied to the extent they are inconsistent therewith.  The allegations of 
Paragraph 59 state legal conclusions, to which no response is required, but, to the extent a response 
is required, Prestamos denies the allegations in Paragraph 59 except as expressly admitted herein. 
60. 
Denied.  Prestamos lacks knowledge as to what all PPP lenders received.  
61. 
Admitted in part, denied in part.  Admitted only that on February 8, 2021 the SBA 
issued a new notice setting forth the procedure for how lenders would be paid PPP loan fees by 
the SBA.  The SBA Form 2483 and SBA Form 2483-SD are writings and speak for themselves.  
The allegations of Paragraph 61 are denied to the extent they are inconsistent therewith.  The 
allegations of Paragraph 61 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 61 except as expressly 
admitted herein. 
62. 
Denied.  Prestamos lacks knowledge as to whether SBA issued a ten-digit loan 
identification number for every borrower’s loan with respect to every lender.  The allegations of 
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Paragraph 62 state legal conclusions, to which no response is required, but, to the extent a response 
is required, Prestamos denies the allegations in Paragraph 62. 
63. 
Admitted in part, denied in part.  Admitted only that the cited regulation includes 
the quoted text.  Prestamos respectfully refers the Court to the cited regulation for the complete 
and accurate text thereof.  The remaining allegations of Paragraph 63 state legal conclusions, to 
which no response is required, but, to the extent a response is required, Prestamos denies remaining 
the allegations in Paragraph 63.  
64. 
Admitted in part, denied in part.  Admitted only that the cited regulation includes 
the quoted text.  Prestamos respectfully refers the Court to the cited regulation for the complete 
and accurate text thereof.  The remaining allegations of Paragraph 64 state legal conclusions to 
which no response is required but, to the extent a response is required, Prestamos denies the 
remaining allegations in Paragraph 64. 
65. 
Admitted in part, denied in part.  Admitted that SBA regulations did not address all 
circumstances requiring a loan to be cancelled, and that PPP lenders are required to submit a SBA 
Form 1502 after a PPP loan is funded.  The SBA Form 1502 is a writing and speaks for itself.  The 
remaining allegations of Paragraph 65 state legal conclusions to which no response is required but, 
to the extent a response is required, Prestamos denies the remaining allegations in Paragraph 65. 
66. 
Denied.  Prestamos lacks knowledge as to the issues that were important to every 
PPP loan applicant for every lender.   
67. 
Denied.  The allegations of Paragraph 67 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 67. 
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68. 
Denied.  The allegations of Paragraph 68 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 68. 
69. 
Denied.  The allegations of Paragraph 69 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 69. 
70. 
Denied.  The allegations of Paragraph 70 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 70. 
71. 
Denied.  The SBA Form 1502 is a writing and speaks for itself.  The allegations of 
Paragraph 71 are denied to the extent they are inconsistent therewith.  The remaining allegations 
of Paragraph 71 state legal conclusions to which no response is required but, to the extent a 
response is required, Prestamos denies the allegations in Paragraph 71.   
72. 
Admitted in part, denied in part.  Admitted only that Form 1502 contains the quoted 
language.  Form 1502 is a writing that speaks for itself.  The allegations of Paragraph 72 are denied 
to the extent they are inconsistent therewith.  The allegations in Paragraph 72 are also denied to 
the extent they are legal conclusions. 
73. 
Admitted in part, denied in part.  Admitted only that the SBA approved Plaintiffs 
for PPP loans and assigned Plaintiffs SBA loan numbers.  The remaining allegations in Paragraph 
73 state legal conclusions to which no response is required but, to the extent a response is required, 
Prestamos denies the allegations in Paragraph 73.   
74. 
Admitted in part, denied in part.  Admitted that certain PPP loans were eligible to 
be forgiven under certain circumstances, and that the cited statistics appear on the SBA website.  
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Prestamos respectfully refers the Court to the SBA website for the current accurate statistics.  The 
allegations of Paragraph 74 are denied to the extent they are inconsistent therewith.   
75. 
Denied.  The allegations of Paragraph 75 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 75.   
76. 
Admitted in part, denied in part.  Admitted only that the language quoted in 
Paragraph 76 appears in the Note attached to the TAC as Exhibit A.  The Note attached to the TAC 
as Exhibit A is a writing that speaks for itself.  The allegations of Paragraph 76 are denied to the 
extent they are inconsistent therewith.  The allegations in Paragraph 76 are also denied to the extent 
they are legal conclusions to which no response is required but, to the extent a response is required, 
Prestamos denies the allegations in Paragraph 76. 
Background Concerning Defendants  
77. 
Denied.   
78. 
Admitted. 
79. 
Admitted in part, denied in part.  Admitted only that the CPLC website includes the 
quoted language.  The CPLC website is a writing and speaks for itself.  The allegations of 
Paragraph 79 are denied to the extent they are inconsistent therewith. 
80. 
Admitted. 
81. 
Admitted in part, denied in part.  Admitted only that CPLC submitted a Form 990 
in 2019.  CPLC’s 2019 Form 990 is a writing and speaks for itself.  The allegations of Paragraph 
81 are denied to the extent they are inconsistent therewith. 
82. 
Admitted.   
83. 
Admitted.   
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84. 
Admitted in part, denied in part.  Admitted only that the Prestamos and CPLC 
websites contain the quoted language.  The Prestamos and CPLC websites are writings and speak 
for themselves.  The allegations of Paragraph 84 are denied to the extent they are inconsistent 
therewith.  The allegations in Paragraph 84 are also denied to the extent they are legal conclusions.   
85. 
Admitted in part, denied in part.  It is admitted only that CPLC’s Consolidated 
Financial Statements and Supplementary Information for the fiscal year July 1, 2019 – June 30, 
2020 contain the quoted language.  The remaining allegations of Paragraph 85 are denied and 
denied as conclusions of law to which no response is required.  
86. 
Denied.   
87. 
Denied.  The allegations of Paragraph 87 are denied because Prestamos lacks 
knowledge as to the processing fees of other lenders.   
88. 
Denied.  The allegations of Paragraph 88 are denied because Prestamos lacks 
knowledge as to what other PPP lenders collected.  Moreover, the 2021 PPP lender fee schedule 
is a writing and speaks for itself.  The allegations of Paragraph 88 are denied to the extent they are 
inconsistent therewith. 
89. 
Admitted in part, denied in part.  Admitted only that Prestamos collected processing 
fees for PPP loans that were valued at less than $50,000.  By way of further answer, the SBA 
strongly encouraged CDFIs, like Prestamos, and minority-, women-, veteran-, and military-owned 
lenders to apply to become PPP lenders in order to reach diverse, small businesses.  The remaining 
allegations of Paragraph 89 are denied.   
90. 
Admitted in part, denied in part.  Admitted only that CPLC and/or Prestamos 
contracted with Blue Acorn PPP, LLC (“Blueacorn”) in 2021.  The contract between CPLC and/or 
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Prestamos and Blueacorn is a writing and speaks for itself.  The allegations of Paragraph 90 are 
denied to the extent they are inconsistent therewith.   
91. 
Denied.  Prestamos lacks knowledge or information sufficient to form a belief 
about the truth of the allegation this Paragraph and therefore it is denied.  
92. 
Denied.  The allegations of Paragraph 92 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 92. 
93. 
Denied.  The allegations of Paragraph 93 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 93. 
94. 
Denied.  Prestamos lacks knowledge or information sufficient to form a belief about 
the truth of the allegations in Paragraph 94 and therefore they are denied.  The allegations of 
Paragraph 94 state legal conclusions to which no response is required but, to the extent a response 
is required, Prestamos denies the allegations in Paragraph 94. 
95. 
Admitted in part, denied in part.  It is admitted only that Blueacorn received certain 
fees pursuant to its contract with Prestamos to serve as a lender service provider for PPP lending.  
The remaining allegations of Paragraph 95 are denied because Blueacorn’s contracts with 
Prestamos are writings that speak for themselves.  The allegations of Paragraph 95 are denied to 
the extent they are inconsistent therewith.  The remaining allegations of Paragraph 95 state legal 
conclusions to which no response is required but, to the extent a response is required, Prestamos 
denies the remaining allegations in Paragraph 95. 
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Defendants Exploit PPP Lending1 
96. 
Admitted in part, denied in part.  Admitted only that Adame, Gonzalez, and Nunez 
were senior executives of CPLC and members of Prestamos’s Board of Directors and that Martinez 
served as CPLC’s Executive Vice President and Prestamos’s President.  The remaining allegations 
of Paragraph 96 state legal conclusions to which no response is required but, to the extent a 
response is required, Prestamos denies the remaining allegations in Paragraph 96.   
97. 
Admitted in part, denied in part.  Admitted only that the cited statistics appear on 
the SBA website.  It is specifically denied that Prestamos “exploited the increased fees to be paid 
by the SBA.”  By way of further answer, Prestamos lawfully obtained, administered, disbursed, 
and otherwise accounted for all PPP-related funds that it received or borrowed from the U.S. 
government.  The remaining allegations of Paragraph 97 are denied. 
98. 
Admitted in part, denied in part.  Admitted only that the cited article states that 
Prestamos would collect $1.2 billion in fees in 2021.  Prestamos respectfully refers the Court to 
the cited article for the complete and accurate text thereof, although Prestamos lacks knowledge 
or information sufficient to form a belief about the truth every statement in the subject writing and, 
therefore, denies Plaintiffs’ characterizations thereof. By way of further answer, Prestamos 
lawfully obtained, administered, disbursed, and otherwise accounted for all PPP-related funds that 
it received or borrowed from the U.S. government.  The remaining allegations in Paragraph 98 are 
denied.  
                                                 
1  
To the extent this section header is deemed an allegation, it is denied. 
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99. 
Denied.  The allegations of Paragraph 99 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the remaining 
allegations in Paragraph 99.  
100. 
Admitted in part, denied in part.  Admitted only that the quoted language appears 
on CPLC’s website.  Prestamos respectfully refers the Court to CPLC’s website for the complete 
and accurate text thereof.  The allegations of Paragraph 100 are denied to the extent they are 
inconsistent therewith.  Denied that CPLC “blurred the distinction” between it and Prestamos.  It 
is further denied that CPLC “touted the success of Prestamos’s PPP lending as its own.”  Moreover, 
the remaining allegations of Paragraph 100 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the remaining allegations in Paragraph 
100. 
101. 
Denied.  The allegations of Paragraph 101 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 101.  Prestamos further denies that it “improperly enriched itself and its leadership.”  
By way of further answer, Prestamos lawfully obtained, administered, disbursed, and otherwise 
accounted for all PPP-related funds that it received or borrowed from the U.S. government. 
102. 
Admitted in part, denied in part.  Admitted only that the quoted language appears 
in the cited New York Times article.  Prestamos respectfully refers the Court to the New York 
Times article for the complete and accurate text thereof, although Prestamos lacks knowledge or 
information sufficient to form a belief about the truth every statement in the subject writing and, 
therefore, denies Plaintiffs’ characterizations thereof.  By way of further answer, the SBA strongly 
encouraged CDFIs, like Prestamos, and minority-, women-, veteran-, and military-owned lenders 
to apply to become PPP lenders in order to reach diverse, small businesses. 
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Prestamos’s Participation in the PPP Liquidity Facility 
103. 
Admitted in part, denied in part.  Admitted only that in order to issue a PPP loan, 
Prestamos lent its own money that it borrowed, with interest, from the Federal Reserve Bank through 
the PPP Liquidity Facility (“PPPLF”).  The remaining allegations of Paragraph 103 state legal 
conclusions to which no response is required but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 103. 
104. 
Admitted in part, denied in part.  Admitted only that the quoted language appears 
on the Federal Reserve website.  Prestamos respectfully refers the Court to the Federal Reserve 
website for the complete and accurate text thereof.  The allegations of Paragraph 104 are denied 
to the extent they are inconsistent therewith.  The allegations of Paragraph 104 state legal 
conclusions, to which no response is required, but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 104 except as expressly admitted herein. 
105. 
Admitted in part, denied in part.  Admitted only that the quoted language appears 
on the Federal Reserve website.  Prestamos respectfully refers the Court to the Federal Reserve 
website for the complete and accurate text thereof.  The allegations of Paragraph 105 are denied 
to the extent they are inconsistent therewith.  The allegations of Paragraph 105 state legal 
conclusions, to which no response is required, but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 105 except as expressly admitted herein. 
106. 
Admitted in part, denied in part.  Admitted only that the cited information appears 
on the Federal Reserve website.  Prestamos respectfully refers the Court to the Federal Reserve 
website for the complete and accurate text thereof.  The allegations of Paragraph 106 are denied 
to the extent they are inconsistent therewith.   
107. 
Admitted in part, denied in part.  Admitted only that the cited information appears 
on the Federal Reserve website.  Prestamos respectfully refers the Court to the Federal Reserve 
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website for the complete and accurate text thereof.  The allegations of Paragraph 107 are denied 
to the extent they are inconsistent therewith.  The allegations of Paragraph 107 state legal 
conclusions, to which no response is required, but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 107 except as expressly admitted herein. 
108. 
Admitted in part, denied in part.  Admitted only that Prestamos received advances 
through the PPPLF.  Advances through the PPPLF are documented in writings, which speak for 
themselves.  The allegations of Paragraph 108 are denied to the extent they are inconsistent 
therewith.  The remaining allegations of Paragraph 108 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 108. 
109. 
Denied.  Prestamos denies that it made any false representations.  The remaining 
allegations of Paragraph 109 state legal conclusions to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 109.  By way of further 
answer, Prestamos lawfully obtained, administered, disbursed, and otherwise accounted for all 
PPP-related funds that it received or borrowed from the U.S. government. 
110. 
Admitted in part, denied in part.  Admitted only that in order to issue a PPP loan, 
Prestamos lent its own money that it borrowed, with interest, from the Federal Reserve Bank through 
the PPPLF.  Advances through the PPPLF are documented in writings, which speak for themselves.  
The allegations of Paragraph 110 are denied to the extent they are inconsistent therewith. 
111. 
Admitted in part, denied in part.  Admitted only that in order to issue a PPP loan, 
Prestamos lent its own money that it borrowed, with interest, from the Federal Reserve Bank through 
the PPPLF.  Advances through the PPPLF are documented in writings, which speak for themselves.  
The allegations of Paragraph 111 are denied to the extent they are inconsistent therewith. 
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112. 
Admitted in part, denied in part.  Admitted only that Prestamos received advances 
through the PPPLF.  Advances through the PPPLF are documented in writings, which speak for 
themselves.  The allegations of Paragraph 112 are denied to the extent they are inconsistent 
therewith.   
113. 
Admitted in part, denied in part.  Admitted only that the cited information appears 
on the Federal Reserve website.  Prestamos respectfully refers the Court to the Federal Reserve 
website for the complete and accurate text thereof.  The allegations of Paragraph 113 are denied 
to the extent they are inconsistent therewith. 
114. 
Admitted in part, denied in part.  Admitted only that in order to issue a PPP loan, 
Prestamos lent its own money that it borrowed, with interest, from the Federal Reserve Bank 
through the PPPLF.  It is further admitted only that Prestamos borrowed over $7.1 billion through 
the PPPLF in 2021.  The remaining allegations of Paragraph 114 state legal conclusions to which 
no response is required but, to the extent a response is required, Prestamos denies the allegations 
in Paragraph 114.  By way of further answer, Prestamos lawfully obtained, administered, 
disbursed, and otherwise accounted for all PPP-related funds that it received or borrowed from the 
U.S. government. 
115. 
Denied.  The allegations of Paragraph 115 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 115.  By way of further answer, Prestamos lawfully obtained, administered, disbursed, 
and otherwise accounted for all PPP-related funds that it received or borrowed from the U.S. 
government. 
Prestamos’s Failure to Fund Plaintiff Marshall’s PPP Loan 
116. 
Denied.  Prestamos denies the allegations in Paragraph 116 for lack of knowledge.  
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117. 
Denied.  Prestamos denies the allegations in Paragraph 117 for lack of knowledge.  
118. 
Admitted in part, denied in part.  Admitted only that Marshall applied for a PPP 
loan with Prestamos.  The remaining allegations of Paragraph 118 are denied. 
119. 
Denied.  The allegations of Paragraph 119 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 119.   
120. 
Denied.  The allegations of Paragraph 120 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Marshall’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 120 are denied to 
the extent they are inconsistent therewith.  The allegations of Paragraph 120 state legal conclusions 
to which no response is required but, to the extent a response is required, Prestamos denies the 
allegations in Paragraph 120.   
121. 
Admitted. 
122. 
Admitted. 
123. 
Denied.  The allegations of Paragraph 123 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Marshall’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 123 are denied to 
the extent they are inconsistent therewith.  The allegations of Paragraph 123 state legal conclusions 
to which no response is required but, to the extent a response is required, Prestamos denies the 
allegations in Paragraph 123.   
124. 
Admitted in part, denied in part.  Admitted only that Marshall signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 124 for lack of 
knowledge.  The allegations of Paragraph 124 state legal conclusions, to which no response is 
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required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
124. 
125. 
Denied.  The allegations of Paragraph 125 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 106. 
126. 
Denied.  Prestamos denies the allegations in Paragraph 126 for lack of knowledge. 
127. 
Denied.  Prestamos denies the allegations in Paragraph 127 for lack of knowledge. 
128. 
Denied.  Prestamos denies the allegations in Paragraph 128 for lack of knowledge. 
129. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied. 
130. 
Admitted in part, denied in part.  Admitted only that Marshall did not receive PPP 
loan proceeds from Prestamos.  By way of further answer, SBA’s records are writings and speak 
for themselves.  The allegations of Paragraph 130 are denied to the extent they are inconsistent 
therewith.  The allegations of Paragraph 130 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
130 except as expressly admitted herein. 
131. 
Denied.  Prestamos denies that it “falsely reported” any information or submitted 
any “false data” to the SBA.  Prestamos denies the remaining allegations in Paragraph 131 for lack 
of knowledge.  The remaining allegations of Paragraph 131 also state legal conclusions to which 
no response is required but, to the extent a response is required, Prestamos denies the allegations 
in Paragraph 131. 
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132. 
Denied.  The allegations of Paragraph 132 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 132. 
133. 
Denied.  Prestamos denies the allegations in Paragraph 133 for lack of knowledge. 
134. 
Admitted in part, denied in part.  Admitted only that Marshall did not receive PPP 
loan proceeds from Prestamos.  The remaining allegations in Paragraph 134 are denied for lack of 
knowledge.  The allegations of Paragraph 134 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
134 except as expressly admitted herein.   
135. 
Denied.  The allegations of Paragraph 135 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 135. 
136. 
Denied.  The allegations of Paragraph 136 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 136. 
137. 
Denied.  Prestamos denies that its actions are the reason why Plaintiff did not 
receive loan funds.  The allegations of Paragraph 137 state legal conclusions to which no response 
is required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
137. 
138. 
Denied.  The allegations of Paragraph 138 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 138. 
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139. 
Denied.  The allegations of Paragraph 139 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 139. 
Prestamos’s Failure to Fund Plaintiff Pronsky’s PPP Loan 
140. 
Denied.  Prestamos denies the allegations in Paragraph 140 for lack of knowledge. 
141. 
Denied.  Prestamos denies the allegations in Paragraph 141 for lack of knowledge. 
142. 
Denied.  Prestamos denies the allegations in Paragraph 142 for lack of knowledge. 
143. 
Admitted in part, denied in part.  Admitted only that Pronsky applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 143 are denied. 
144. 
Admitted. 
145. 
Admitted. 
146. 
Denied.  The allegations of Paragraph 146 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Pronsky’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 146 are denied to 
the extent they are inconsistent therewith. 
147. 
Admitted in part, denied in part.  Admitted only that Pronsky signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 147 for lack of 
knowledge.  The allegations of Paragraph 147 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
147 except as expressly admitted herein. 
148. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 148 state legal conclusions, to which no response is 
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required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
148. 
149. 
Denied.  The allegations of Paragraph 149 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 149 for lack of knowledge.   
Prestamos’s Failure to Fund Plaintiff Townsend’s PPP Loan 
150. 
Denied.  Prestamos denies the allegations in Paragraph 150 for lack of knowledge. 
151. 
Denied.  Prestamos denies the allegations in Paragraph 151 for lack of knowledge. 
152. 
Admitted. 
153. 
Admitted. 
154. 
Admitted. 
155. 
Denied.  The allegations of Paragraph 155 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Townsend’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 155 are denied to 
the extent they are inconsistent therewith. 
156. 
Admitted in part, denied in part.  Admitted only that Townsend signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 156 for lack of 
knowledge.  The allegations of Paragraph 156 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
156 except as expressly admitted herein.   
157. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 157 state legal conclusions to which no response is 
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required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
157. 
158. 
Denied.  The allegations of Paragraph 158 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 158 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Holland’s PPP Loan 
159. 
Denied.  Prestamos denies the allegations in Paragraph 159 for lack of knowledge. 
160. 
Denied.  Prestamos denies the allegations in Paragraph 160 for lack of knowledge. 
161. 
Admitted in part, denied in part.  Admitted only that Holland applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 161 are denied.  
162. 
Admitted.   
163. 
Admitted. 
164. 
Denied.  The allegations of Paragraph 164 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Holland’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 164 are denied to 
the extent they are inconsistent therewith. 
165. 
Admitted in part, denied in part.  Admitted only that Holland signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 165 for lack of 
knowledge.  The allegations of Paragraph 165 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
165 except as expressly admitted herein. 
166. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 166 state legal conclusions, to which no response is 
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required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
166. 
167. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied. 
168. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied. 
169. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied. 
170. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied. 
171. 
Denied.  The allegations of Paragraph 171 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 171 for lack of knowledge. 
172. 
Denied.  The allegations of Paragraph 172 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 172 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Owsley’s PPP Loan 
173. 
Denied.  Prestamos denies the allegations in Paragraph 173 for lack of knowledge. 
174. 
Denied.  Prestamos denies the allegations in Paragraph 174 for lack of knowledge. 
175. 
Admitted in part, denied in part.  Admitted only that Owsley applied for a PPP loan 
with Prestamos in or about May 2021.  The remaining allegations of Paragraph 175 are denied. 
176. 
Admitted. 
177. 
Admitted. 
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178. 
Denied.  The allegations of Paragraph 178 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Owsley’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 178 are denied to 
the extent they are inconsistent therewith. 
179. 
Admitted in part, denied in part.  Admitted only that Owsley signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 179 for lack of 
knowledge.  The allegations of Paragraph 179 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
179. 
180. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 180 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
180. 
181. 
Denied.  The allegations of Paragraph 181 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 181 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Ahmadou’s PPP Loan 
182. 
Denied.  Prestamos denies the allegations in Paragraph 182 for lack of knowledge. 
183. 
Denied.  Prestamos denies the allegations in Paragraph 183 for lack of knowledge. 
184. 
Admitted in part, denied in part.  Admitted only that Ahmadou applied for a PPP 
loan with Prestamos.  The remaining allegations of Paragraph 184 are denied. 
185. 
Admitted. 
186. 
Admitted. 
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187. 
Denied.  The allegations of Paragraph 187 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Ahmadou’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 187 are denied to 
the extent they are inconsistent therewith. 
188. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 188 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 188. 
189. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 189 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
189. 
190. 
Denied.  The allegations of Paragraph 190 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 190 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Dervin’s PPP Loan 
191. 
Denied.  Prestamos denies the allegations in Paragraph 191 for lack of knowledge. 
192. 
Denied.  Prestamos denies the allegations in Paragraph 192 for lack of knowledge. 
193. 
Admitted in part, denied in part.  Admitted only that Dervin applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 193 are denied. 
194. 
Admitted. 
195. 
Admitted. 
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196. 
Denied.  The allegations of Paragraph 196 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Dervin’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 196 are denied to 
the extent they are inconsistent therewith. 
197. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 197 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 197. 
198. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 198 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
198. 
199. 
Denied.  The allegations of Paragraph 199 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 199 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Henderson’s PPP Loan 
200. 
Denied.  Prestamos denies the allegations in Paragraph 200 for lack of knowledge. 
201. 
Denied.  Prestamos denies the allegations in Paragraph 201 for lack of knowledge. 
202. 
Admitted in part, denied in part.  Admitted only that Henderson applied for a PPP 
loan with Prestamos.  The remaining allegations of Paragraph 202 are denied. 
203. 
Admitted. 
204. 
Admitted. 
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205. 
Denied.  The allegations of Paragraph 205 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Henderson’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 205 are denied to 
the extent they are inconsistent therewith. 
206. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 206 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 206. 
207. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 207 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
207. 
208. 
Denied.  The allegations of Paragraph 208 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 208 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Innis’s PPP Loan 
209. 
Denied.  Prestamos denies the allegations in Paragraph 209 for lack of knowledge. 
210. 
Denied.  Prestamos denies the allegations in Paragraph 210 for lack of knowledge. 
211. 
Admitted in part, denied in part.  Admitted only that Innis applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 211 are denied. 
212. 
Admitted. 
213. 
Admitted. 
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214. 
Denied.  The allegations of Paragraph 214 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Innis’s Note 
for the complete and accurate text thereof.  The allegations of Paragraph 214 are denied to the 
extent they are inconsistent therewith. 
215. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 215 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 215. 
216. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 216 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
216. 
217. 
Admitted in part, denied in part.  Admitted only that Innis did not receive PPP loan 
proceeds from Prestamos.  By way of further answer, after reasonable investigation, Prestamos 
lacks knowledge or information sufficient to form a belief about the truth of the remaining 
allegations of Paragraph 217 and therefore they are denied.  The allegations of Paragraph 217 state 
legal conclusions, to which no response is required, but, to the extent a response is required, 
Prestamos denies the allegations in Paragraph 217. 
218. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of the allegations in Paragraph 218 and therefore they 
are denied. 
219. 
Admitted in part, denied in part.  Admitted only that Innis did not receive PPP loan 
proceeds from Prestamos. After reasonable investigation, Prestamos lacks knowledge or 
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information sufficient to form a belief about the truth of the remaining allegations of Paragraph 
219 and therefore they are denied.  The allegations of Paragraph 219 state legal conclusions, to 
which no response is required, but, to the extent a response is required, Prestamos denies the 
allegations in Paragraph 219. 
220. 
Denied.  The allegations of Paragraph 220 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 220 for lack of knowledge.   
Prestamos’s Failure to Fund Plaintiff Stalnaker’s PPP Loan 
221. 
Denied.  Prestamos denies the allegations in Paragraph 221 for lack of knowledge. 
222. 
Denied.  Prestamos denies the allegations in Paragraph 222 for lack of knowledge. 
223. 
Admitted in part, denied in part.  Admitted only that Stalnaker applied for a PPP 
loan with Prestamos.  The remaining allegations of Paragraph 223 are denied. 
224. 
Admitted. 
225. 
Admitted. 
226. 
Denied.  The allegations of Paragraph 226 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Stalnaker’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 226 are denied to 
the extent they are inconsistent therewith. 
227. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 227 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 227. 
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228. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 228 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
228. 
229. 
Denied.  The allegations of Paragraph 229 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 229 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Jones’s PPP Loan 
230. 
Denied.  Prestamos denies the allegations in Paragraph 230 for lack of knowledge. 
231. 
Denied.  Prestamos denies the allegations in Paragraph 231 for lack of knowledge. 
232. 
Admitted in part, denied in part.  Admitted only that Jones applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 232 are denied. 
233. 
Admitted. 
234. 
Admitted. 
235. 
Denied.  The allegations of Paragraph 235 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Jones’s Note 
for the complete and accurate text thereof.  The allegations of Paragraph 235 are denied to the 
extent they are inconsistent therewith. 
236. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 236 state legal conclusions, to which no response is required, but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 236. 
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237. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 237 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
237. 
238. 
Denied.  Prestamos denies the allegations in Paragraph 238 for lack of knowledge. 
239. 
Admitted in part, denied in part.  Admitted only that Jones did not receive PPP loan 
proceeds from Prestamos.  The remaining allegations of Paragraph 239 are denied for lack of 
knowledge. 
240. 
Denied.  Prestamos denies the allegations in Paragraph 240 for lack of knowledge. 
241. 
Denied.  The allegations of Paragraph 241 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 241 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Drevnak’s PPP Loan 
242. 
Denied.  Prestamos denies the allegations in Paragraph 242 for lack of knowledge.  
243. 
Denied.  Prestamos denies the allegations in Paragraph 243 for lack of knowledge.  
244. 
Admitted in part, denied in part.  Admitted only that Drevnak applied for a PPP 
loan with Prestamos.  The remaining allegations of Paragraph 244 are denied. 
245. 
Admitted. 
246. 
Admitted. 
247. 
Admitted in part, denied in part.  Admitted only that Drevnak signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 247 for lack of 
knowledge.  The allegations of Paragraph 247 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
247.  
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248. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 248 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
248. 
249. 
Denied.  Prestamos denies that it provided any “false report” to the SBA.  The 
remaining allegations of Paragraph 249 state legal conclusions, to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 249. 
250. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  Prestamos 
denies the remaining allegations in Paragraph 250 for lack of knowledge.  The remaining 
allegations of Paragraph 250 also state legal conclusions to which no response is required but, to 
the extent a response is required, Prestamos denies the allegations in Paragraph 250. 
251. 
Denied.  Prestamos denies that its actions are the reason why Plaintiff did not 
receive loan funds.  The allegations of Paragraph 251 state legal conclusions to which no response 
is required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
251. 
252. 
Denied.  Prestamos denies that it improperly sought to collect payment of any PPP 
loans.  The allegations of Paragraph 252 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 252. 
253. 
Denied.  The allegations of Paragraph 253 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 253.  The allegations of Paragraph 253 are denied to the extent they seek to characterize 
a writing that speaks for itself. 
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254. 
Denied.  The allegations of Paragraph 254 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Drevnak’s 
email communications with Prestamos for the complete and accurate text thereof.  The allegations 
of Paragraph 254 are denied to the extent they are inconsistent therewith. 
255. 
Denied.  The allegations of Paragraph 255 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 255. 
256. 
Denied.  The allegations of Paragraph 256 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 256.   
257. 
Denied.  Prestamos denies the allegations in Paragraph 257 for lack of knowledge.  
258. 
Denied.  The allegations of Paragraph 258 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Drevnak’s 
communications with Prestamos for the complete and accurate text thereof.  The allegations of 
Paragraph 258 are denied to the extent they are inconsistent therewith.  
Prestamos’s Failure to Fund Plaintiff Martin’s PPP Loan 
259. 
Denied.  Prestamos denies the allegations in Paragraph 259 for lack of knowledge. 
260. 
Denied.  Prestamos denies the allegations in Paragraph 260 for lack of knowledge. 
261. 
Admitted in part, denied in part.  Admitted only that Martin applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 261 are denied. 
262. 
Admitted. 
263. 
Admitted. 
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264. 
Denied.  The allegations of Paragraph 264 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Martin’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 264 are denied to 
the extent they are inconsistent therewith. 
265. 
Admitted in part, denied in part.  Admitted only that Martin signed and returned the 
loan documents.  Prestamos denies the remaining allegations in Paragraph 265 for lack of 
knowledge.  The allegations of Paragraph 265 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
265 except as expressly admitted herein. 
266. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 266 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
266. 
267. 
Denied.  The allegations of Paragraph 267 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 267. 
268. 
Denied.  The allegations of Paragraph 268 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 268. 
269. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 269 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 269. 
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270. 
Denied.  The allegations of Paragraph 270 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 270. 
271. 
Denied.  The allegations of Paragraph 271 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 271.   
Prestamos’s Failure to Fund Plaintiff Beattie’s PPP Loan 
272. 
Denied.  Prestamos denies the allegations in Paragraph 272 for lack of knowledge. 
273. 
Denied.  Prestamos denies the allegations in Paragraph 273 for lack of knowledge. 
274. 
Admitted in part, denied in part.  Admitted only that Beattie applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 274 are denied. 
275. 
Admitted. 
276. 
Admitted. 
277. 
Denied.  The allegations of Paragraph 277 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Beattie’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 277 are denied to 
the extent they are inconsistent therewith. 
278. 
Admitted in part, denied in part.  Admitted only that Beattie signed and returned 
the loan documents.  Prestamos denies the remaining allegations in Paragraph 278 for lack of 
knowledge.  The allegations of Paragraph 278 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
278 except as expressly admitted herein. 
279. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 279 state legal conclusions, to which no response is 
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41 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
279. 
280. 
Denied.  The allegations of Paragraph 280 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 280. 
281. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 281 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 281. 
282. 
Denied.  The allegations of Paragraph 282 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 282. 
283. 
Denied.  The allegations of Paragraph 283 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 283.   
Prestamos’s Failure to Fund Plaintiff Lloyd’s PPP Loan 
284. 
Denied.  Prestamos denies the allegations in Paragraph 284 for lack of knowledge. 
285. 
Denied.  Prestamos denies the allegations in Paragraph 285 for lack of knowledge. 
286. 
Admitted in part, denied in part.  Admitted only that Lloyd applied for a PPP loan 
with Prestamos in or about May 2021.  The remaining allegations of Paragraph 286 are denied. 
287. 
Admitted. 
288. 
Admitted. 
289. 
Denied.  The allegations of Paragraph 289 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Lloyd’s 
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Note for the complete and accurate text thereof.  The allegations of Paragraph 289 are denied to 
the extent they are inconsistent therewith. 
290. 
Admitted in part, denied in part.  Admitted only that Lloyd signed and returned the 
loan documents.  Prestamos denies the remaining allegations in Paragraph 290 for lack of 
knowledge.  The allegations of Paragraph 290 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
290. 
291. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 291 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
291. 
292. 
Denied.  The allegations of Paragraph 292 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 292. 
293. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 293 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 293. 
294. 
Denied.  The allegations of Paragraph 294 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 294 for lack of knowledge. 
295. 
Denied.  Prestamos denies that it was the reason that plaintiffs or putative class 
members were unable to obtain forgiveness.  The allegations of Paragraph 295 state legal 
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43 
conclusions, to which no response is required but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 295. 
296. 
Denied.  The allegations of Paragraph 296 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 296. 
297. 
Denied.  The allegations of Paragraph 297 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Lloyd’s 
February 1, 2023 statement for the complete and accurate text thereof.  The allegations of 
Paragraph 297 are denied to the extent they are inconsistent therewith. 
298. 
Denied.  The allegations of Paragraph 298 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Lloyd’s 
email communications with Prestamos for the complete and accurate text thereof.  The allegations 
of Paragraph 298 are denied to the extent they are inconsistent therewith. 
299. 
 Denied.  The allegations of Paragraph 299 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 299. 
300. 
Denied.  The allegations of Paragraph 300 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 300. 
Prestamos’s Failure to Fund Plaintiff Johnson’s PPP Loan 
301. 
Denied.  Prestamos denies the allegations in Paragraph 301 for lack of knowledge. 
302. 
Denied.  Prestamos denies the allegations in Paragraph 302 for lack of knowledge. 
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303. 
Admitted in part, denied in part.  Admitted only that Johnson applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 303 are denied. 
304. 
Admitted 
305. 
Admitted. 
306. 
Denied.  The allegations of Paragraph 306 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Johnson’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 306 are denied to 
the extent they are inconsistent therewith. 
307. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 307 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 307. 
308. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 308 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
308. 
309. 
Denied.  The allegations of Paragraph 309 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 309. 
310. 
Denied.  The allegations of Paragraph 310 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 310. 
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311. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 311 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 311. 
312. 
Denied.  The allegations of Paragraph 312 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 312 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Marvel’s PPP Loan 
313. 
Denied.  Prestamos denies the allegations in Paragraph 313 for lack of knowledge. 
314. 
Denied.  Prestamos denies the allegations in Paragraph 314 for lack of knowledge. 
315. 
Admitted in part, denied in part.  Admitted only that Marvel applied for a PPP loan 
with Prestamos.  The remaining allegations of Paragraph 315 are denied. 
316. 
Admitted. 
317. 
Admitted. 
318. 
Denied.  The allegations of Paragraph 318 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Marvel’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 318 are denied to 
the extent they are inconsistent therewith. 
319. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 319 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 319. 
320. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 320 state legal conclusions, to which no response is 
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46 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
320. 
321. 
Denied.  The allegations of Paragraph 321 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 321. 
322. 
Denied.  The allegations of Paragraph 322 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 322 for lack of knowledge. 
323. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 323 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 323. 
324. 
Denied.  The allegations of Paragraph 324 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 324 for lack of knowledge. 
325. 
Denied.  Prestamos denies that it was the reason that plaintiffs or putative class 
members were unable to obtain forgiveness.  The allegations of Paragraph 325 state legal 
conclusions, to which no response is required, but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 325. 
Prestamos’s Failure to Fund Plaintiff Grichar’s PPP Loan 
326. 
Denied.  Prestamos denies the allegations in Paragraph 326 for lack of knowledge. 
327. 
Denied.  Prestamos denies the allegations in Paragraph 327 for lack of knowledge 
328. 
Admitted in part, denied in part.  Admitted only that Grichar applied for a PPP loan 
with Prestamos in or about May 2021.  The remaining allegations of Paragraph 328 are denied. 
329. 
Admitted. 
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330. 
Admitted. 
331. 
Denied.  The allegations of Paragraph 331 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Grichar’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 331 are denied to 
the extent they are inconsistent therewith. 
332. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 332 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 332. 
333. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 333 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
333. 
334. 
Denied.  The allegations of Paragraph 334 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 334 for lack of knowledge. 
335. 
Denied.  The allegations of Paragraph 335 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 335 for lack of knowledge. 
336. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 336 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 336. 
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337. 
Denied.  The allegations of Paragraph 337 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 337 for lack of knowledge. 
Prestamos’s Failure to Fun Plaintiff Horne’s PPP Loan 
338. 
Denied.  Prestamos denies the allegations in Paragraph 338 for lack of knowledge. 
339. 
Denied.  Prestamos denies the allegations in Paragraph 339 for lack of knowledge. 
340. 
Admitted in part, denied in part.  Admitted only that Horne applied for a PPP loan 
with Prestamos in or about May 2021.  The remaining allegations of Paragraph 340 are denied. 
341. 
Admitted. 
342. 
Admitted. 
343. 
Denied.  The allegations of Paragraph 343 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Horne’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 343 are denied to 
the extent they are inconsistent therewith. 
344. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 344 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 344. 
345. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 345 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
345. 
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346. 
Denied.  The allegations of Paragraph 346 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 346. 
347. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 347 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 347. 
348. 
Denied.  The allegations of Paragraph 348 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 348 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Etuknwa’s PPP Loan 
349. 
Denied.  Prestamos denies the allegations in Paragraph 349 for lack of knowledge. 
350. 
Denied.  Prestamos denies the allegations in Paragraph 350 for lack of knowledge. 
351. 
Denied.  Prestamos denies the allegations in Paragraph 351 for lack of knowledge. 
352. 
Denied.  Prestamos denies the allegations in Paragraph 352 for lack of knowledge. 
353. 
Denied.  Prestamos denies the allegations in Paragraph 353 for lack of knowledge. 
354. 
Denied.  Prestamos denies the allegations in Paragraph 354 for lack of knowledge. 
355. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 355 also state legal conclusions, to which no response is required but, to 
the extent a response is required, Prestamos denies the allegations in Paragraph 355. 
356. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 356 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
356. 
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357. 
Denied.  The allegations of Paragraph 357 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 357. 
358. 
Denied.  Prestamos denies that it provided “false data” to the SBA.  The remaining 
allegations of Paragraph 358 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 358. 
359. 
Denied.  The allegations of Paragraph 359 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 359 for lack of knowledge. 
Prestamos’s Failure to Fund Plaintiff Bradley Smith’s PPP Loan 
360. 
Denied.  Prestamos denies the allegations in Paragraph 360 for lack of knowledge. 
361. 
Denied.  Prestamos denies the allegations in Paragraph 361 for lack of knowledge. 
362. 
Admitted in part, denied in part.  Admitted only that Smith applied for a PPP loan 
with Prestamos in or about May 2021.  The remaining allegations of Paragraph 362 are denied. 
363. 
Admitted. 
364. 
Admitted. 
365. 
Denied.  The allegations of Paragraph 365 are denied to the extent they seek to 
characterize a writing that speaks for itself.  Prestamos respectfully refers the Court to Smith’s 
Note for the complete and accurate text thereof.  The allegations of Paragraph 365 are denied to 
the extent they are inconsistent therewith. 
366. 
Denied.  After reasonable investigation, Prestamos lacks knowledge or information 
sufficient to form a belief about the truth of this allegation and therefore it is denied.  The 
allegations of Paragraph 366 state legal conclusions, to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 366. 
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367. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 367 state legal conclusions, to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
367. 
368. 
Denied.  The allegations of Paragraph 368 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 368. 
369. 
Denied.  The allegations of Paragraph 369 state legal conclusions, to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 369. 
370. 
Denied.  The allegations of Paragraph 370 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 370 for lack of knowledge. 
Prestamos’s Failure to Fund Other SBA-Approved Class Member Borrower PPP 
 
Loans 
 
371. 
Denied.  The allegations of Paragraph 371 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 371.  By way of further answer, BBB complaints and complaints on social media sites 
are writings and speak for themselves.  The allegations of Paragraph 371 are denied to the extent 
they are inconsistent therewith. 
372. 
Admitted in part, denied in part.  Admitted only that the BBB’s website identifies 
certain complaints against Prestamos.  The BBB’s website is a writing and speaks for itself, 
although Prestamos lacks knowledge or information sufficient to form a belief about the truth 
every statement in the subject writing and, therefore, denies Plaintiffs’ characterizations thereof. 
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By way of further answer, Prestamos lawfully obtained, administered, disbursed, and otherwise 
accounted for all PPP-related funds that it received or borrowed from the U.S. government and 
denies all allegations to the contrary.  The allegations of Paragraph 372 state legal conclusions, to 
which no response is required, but, to the extent a response is required, Prestamos denies the 
allegations in Paragraph 372. 
373. 
Admitted in part, denied in part.  Admitted only that complaints against Prestamos 
have been posted on the internet.  The referenced complaints posted on the internet are writings 
and speak for themselves, although Prestamos lacks knowledge or information sufficient to form 
a belief about the truth every statement in the subject writing and, therefore, denies Plaintiffs’ 
characterizations thereof.  By way of further answer, the allegations in this paragraph show that 
borrowers’ banks rejected attempts by Prestamos to fund their loans.  By way of further answer, 
Prestamos lawfully obtained, administered, disbursed, and otherwise accounted for all PPP-related 
funds that it received or borrowed from the U.S. government and denies all allegations to the 
contrary.  The allegations of Paragraph 373 state legal conclusions, to which no response is 
required, but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
373. 
374. 
Admitted in part, denied in part.  Admitted only that Prestamos stated on its website 
that it maintains an office in Santa Fe, New Mexico.  Prestamos does not currently maintain an 
office in Santa Fe, New Mexico.  The remaining allegations of this paragraph are denied.   
375. 
Denied.  The allegations of Paragraph 375 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 375.  By way of further answer, Prestamos lawfully obtained, administered, disbursed, 
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and otherwise accounted for all PPP-related funds that it received or borrowed from the U.S. 
government and denies all allegations to the contrary. 
Class Action Allegations 
376. 
Denied.  The allegations of Paragraph 376 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 376. 
377. 
Denied.  The allegations of Paragraph 377 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 377. 
378. 
Denied.  The allegations of Paragraph 378 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 378. 
379. 
Denied.  The allegations of Paragraph 379 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 379. 
380. 
Denied.  The allegations of Paragraph 380 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 380. 
381. 
Denied.  The allegations of Paragraph 381 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 381. 
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382. 
Denied.  The allegations of Paragraph 382 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 382. 
383. 
Admitted in part, denied in part.  Admitted only that Plaintiffs have served 
discovery requests for certain data.  The remaining allegations of Paragraph 383 state legal 
conclusions to which no response is required but, to the extent a response is required, Prestamos 
denies the allegations in Paragraph 383. 
384. 
Denied.  The allegations of Paragraph 384 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 384. 
385. 
Admitted in part, denied in part.  Admitted only that Prestamos objected to 
Plaintiffs’ request.  Prestamos’s objection is a writing that speaks for itself.  The allegations in 
Paragraph 385 are denied to the extent they are inconsistent therewith.  The allegations in 
Paragraph 385 are also denied to the extent they are legal conclusions to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
385.    
386. 
Admitted in part, denied in part.  Admitted only that the cited form includes the 
quoted text.  Prestamos respectfully refers the Court to the cited regulation for the complete and 
accurate text thereof.  The allegations in Paragraph 386 are denied to the extent they are 
inconsistent therewith.  The allegations in Paragraph 386 are also denied to the extent they are 
legal conclusions to which no response is required but, to the extent a response is required, 
Prestamos denies the allegations in paragraph 386.    
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387. 
Admitted in part, denied in part.  Admitted only that the cited form includes the 
quoted text.  Prestamos respectfully refers the Court to the cited regulation for the complete and 
accurate text thereof.  The allegations in Paragraph 387 are denied to the extent they are 
inconsistent therewith.  The allegations in Paragraph 387 are also denied to the extent they are 
legal conclusions to which no response is required but, to the extent a response is required, 
Prestamos denies the allegations in paragraph 387.    
388. 
Admitted in part, denied in part.  Admitted only that the cited document includes 
the quoted text.  Prestamos respectfully refers the Court to the cited regulation for the complete 
and accurate text thereof.  The allegations in Paragraph 388 are denied to the extent they are 
inconsistent therewith.  The allegations in Paragraph 388 are also denied to the extent they are 
legal conclusions to which no response is required but, to the extent a response is required, 
Prestamos denies the allegations in paragraph 388.    
389. 
Denied.  The allegations of Paragraph 389 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 389. 
390. 
Admitted in part, denied in part.  Admitted only that the cited regulation includes 
the quoted text.  Prestamos respectfully refers the court to the cited regulation for the complete and 
accurate text thereof.  The allegations in Paragraph 390 are denied to the extent they are 
inconsistent therewith.   
391. 
Admitted in part, denied in part.  Admitted only that the cited document includes 
the quoted text.  Prestamos respectfully refers the court to the cited regulation for the complete and 
accurate text thereof.  The allegations in Paragraph 391 are denied to the extent they are 
inconsistent therewith.   
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392. 
Admitted in part, denied in part.  Admitted only that the cited document includes 
the quoted text.  Prestamos respectfully refers the court to the cited regulation for the complete and 
accurate text thereof.  The allegations in Paragraph 392 are denied to the extent they are 
inconsistent therewith.   
393. 
Denied.  The allegations of Paragraph 393 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 393. 
394. 
Denied.  The allegations of Paragraph 394 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 394. 
395. 
Denied.  Prestamos denies that it provided any false reporting to the SBA. The 
remaining allegations of Paragraph 395 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 395. 
396. 
Admitted in part, denied in part.  Admitted only that the cited rule includes the 
quoted text.  Prestamos respectfully refers the Court to the cited rule for the complete and accurate 
text thereof.  The allegations of Paragraph 396 are denied to the extent they are inconsistent 
therewith.  Prestamos denies that it “falsely reported” any information to the SBA.  The remaining 
allegations in Paragraph 396 state legal conclusions to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 396. 
397. 
Admitted in part, denied in part.  Admitted only that the cited case includes the 
quoted text.  Prestamos respectfully refers the Court to the cited case for the complete and accurate 
text thereof.  The allegations of Paragraph 397 are denied to the extent they are inconsistent 
therewith.  Prestamos denies that it “falsely reported” any information to the SBA.  The remaining 
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allegations in Paragraph 397 state legal conclusions to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 397. 
398. 
Admitted in part, denied in part.  Admitted only that the cited case includes the 
quoted text.  Prestamos respectfully refers the Court to the cited case for the complete and accurate 
text thereof.  The allegations of Paragraph 398 are denied to the extent they are inconsistent 
therewith.  The remaining allegations in Paragraph 398 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 398. 
399. 
Admitted in part, denied in part.  Admitted only that the cited case includes the 
quoted text.  Prestamos respectfully refers the Court to the cited case for the complete and accurate 
text thereof.  The allegations of Paragraph 399 are denied to the extent they are inconsistent 
therewith.  The remaining allegations in Paragraph 399 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 399. 
400. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 400 state legal conclusions to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
400. 
401. 
Admitted in part, denied in part.  Admitted only that the cited case includes the 
quoted text.  Prestamos respectfully refers the Court to the cited case for the complete and accurate 
text thereof.  The allegations of Paragraph 401 are denied to the extent they are inconsistent 
therewith.  The remaining allegations in Paragraph 401 state legal conclusions to which no 
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response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 401. 
402. 
Denied.  The allegations of Paragraph 402 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 402. 
403. 
Denied.  The allegations of Paragraph 403 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 403. 
404. 
Admitted in part, denied in part.  Admitted only that the cited case includes the 
quoted text.  Prestamos respectfully refers the Court to the cited case for the complete and accurate 
text thereof.  The allegations of Paragraph 404 are denied to the extent they are inconsistent 
therewith.  Prestamos also denies that it “falsely represented” any information to the SBA.  The 
remaining allegations in Paragraph 404 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 404. 
405. 
Denied.  Prestamos denies that it made any “false representations” to the SBA.  The 
remaining allegations of Paragraph 405 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 405. 
406. 
Denied.  The allegations of Paragraph 406 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 406. 
407. 
Denied.  The allegations of Paragraph 407 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 407. 
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408. 
Denied.  The allegations of Paragraph 408 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 408. 
409. 
Denied.  Prestamos denies that it made any “false representations” to the SBA.  The 
remaining allegations of Paragraph 409 state legal conclusions to which no response is required 
but, to the extent a response is required, Prestamos denies the allegations in Paragraph 409. 
410. 
Admitted in part, denied in part.  Admitted only that the cited rule includes the 
quoted text.  Prestamos respectfully refers the Court to the cited rule for the complete and accurate 
text thereof.  The allegations of Paragraph 410 are denied to the extent they are inconsistent 
therewith.  The remaining allegations in Paragraph 410 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 410. 
411. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 411 state legal conclusions to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
411. 
412. 
Denied.  The allegations of Paragraph 412 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 412. 
413. 
Denied.  The allegations of Paragraph 413 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 413. 
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414. 
Denied.  Prestamos denies that it made any false reports to the SBA.  The remaining 
allegations of Paragraph 414 state legal conclusions to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 414. 
415. 
Denied.  The allegations of Paragraph 415 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 415. 
416. 
Denied.  Prestamos denies that it made any false reports to the SBA.  The remaining 
allegations of Paragraph 416 state legal conclusions to which no response is required but, to the 
extent a response is required, Prestamos denies the allegations in Paragraph 416. 
417. 
Denied.  The allegations of Paragraph 417 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 417. 
COUNT ONE 
Breach of Contract  
(On Behalf of All Plaintiffs and the National Class) 
 
418. 
Prestamos repeats and incorporates by reference its answers to Paragraphs 1 
through 418 as if fully set forth herein. 
419. 
Denied.  The allegations of Paragraph 419 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 419. 
420. 
Denied.  The allegations of Paragraph 420 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 420. 
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421. 
Admitted in part, denied in part.  Admitted only that the Notes contain the quoted 
language.  The Notes are writings and speak for themselves.  The allegations of Paragraph 421 are 
denied to the extent they are inconsistent therewith.  Also, Prestamos denies the allegations of 
Paragraph 421 to extent that they state legal conclusions to which no response is required. 
422. 
Admitted in part, denied in part.  Admitted only that the additional agreement that 
accompanies the Note contains the quoted language.  The additional agreement that accompanies 
the Notes are writings and speak for themselves.  The allegations of Paragraph 422 are denied to 
the extent they are inconsistent therewith.  Also, Prestamos denies the allegations of Paragraph 
422 to extent that they state legal conclusions to which no response is required. 
423. 
Admitted in part, denied in part.  Admitted only that the “Notice – No Oral 
Agreements” document contains the quoted language.  The allegations of Paragraph 423 are denied 
to the extent they are inconsistent therewith.  Also, Prestamos denies the allegations of Paragraph 
423 to extent that they state legal conclusions to which no response is required and otherwise 
denies the remaining allegations. 
424. 
Admitted in part, denied in part.  Admitted only that a loan document is attached to 
the TAC as Exhibit A.  Exhibit A is a writing and speaks for itself.  The allegations of Paragraph 
424 denied to the extent they are inconsistent therewith. 
425. 
Denied.  The allegations of Paragraph 425 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 425. 
426. 
Denied.  The allegations of Paragraph 426 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 426. 
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427. 
Denied.  Prestamos denies that it “falsely reported” any information to the SBA.  
The remaining allegations of Paragraph 427 state legal conclusions to which no response is 
required but, to the extent a response is required, Prestamos denies the allegations in Paragraph 
427. 
428. 
Denied.  The allegations of Paragraph 428 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 428. 
429. 
Denied.  The allegations of Paragraph 429 state legal conclusions, to which no 
response is required, but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 429.  By way of further answer, neither SBA Form 2483 nor SBA Form 2483-SD—nor 
any loan documents Plaintiffs reference—guarantee a time by which borrowers’ applications will 
be reviewed, approved or rejected, or their funds disbursed. 
430. 
Denied.  The allegations of Paragraph 430 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 430. 
431. 
Denied.  The allegations of Paragraph 431 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 431. 
432. 
Denied.  The allegations of Paragraph 432 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 432.  By way of further answer, certain PPP loan applicants were eligible to obtain both 
first- and second-draw PPP loans. 
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433. 
Denied.  The allegations of Paragraph 433 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 433. 
434. 
Denied.  The allegations of Paragraph 434 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 434. 
435. 
Denied.  The allegations of Paragraph 435 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 435. 
436. 
Denied.  The allegations of Paragraph 436 state legal conclusions to which no 
response is required but, to the extent a response is required, Prestamos denies the allegations in 
Paragraph 436. 
Prayer for Relief 
Prestamos denies that Plaintiffs suffered any injury or incurred any damages by any act or 
omission of Defendants, as alleged in the TAC.  Prestamos further denies that Plaintiffs are 
entitled to any relief under any theory by means of the allegations set forth in each of the 
paragraphs and their subparts in the TAC.  Prestamos is entitled to its reasonable attorneys’ fees 
pursuant to A.R.S. § 12-341.01. 
AFFIRMATIVE DEFENSES 
Prestamos asserts the following affirmative defenses to the TAC: 
FIRST AFFIRMATIVE DEFENSE 
 
The relief sought by Plaintiffs is barred, in whole or in part, because Plaintiffs failed to 
state a claim upon which relief can be granted.   
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SECOND AFFIRMATIVE DEFENSE 
 
The relief sought by Plaintiffs is barred, in whole or in part, because Plaintiffs failed to 
take appropriate and necessary steps to mitigate its alleged damages, if any. 
THIRD AFFIRMATIVE DEFENSE 
 
The relief sought by Plaintiffs is barred, in whole or in part, by the equitable doctrine of 
waiver. 
FOURTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims are barred because they have not suffered any losses or damages 
proximately caused by the conduct of Defendants alleged in the Complaint. 
FIFTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims should be dismissed to the extent that they are barred, in whole or in 
part, by the equitable doctrine of unclean hands or because Plaintiffs engaged in fraudulent 
conduct. 
SIXTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims should be dismissed to the extent they are barred, in whole or in part, by 
the equitable doctrine of estoppel. 
SEVENTH AFFIRMATIVE DEFENSE 
 
Prestamos at all times acted in good faith and in accordance with reasonable commercial 
standards, thus precluding any recovery by Plaintiffs. 
EIGHTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims should be dismissed because they contractually released the subject 
claims against Prestamos. 
NINTH AFFIRMATIVE DEFENSE 
 
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Plaintiffs’ claims should be dismissed because they failed to state cognizable damages, 
and the damages sought by plaintiffs are speculative, arbitrary and excessive. 
TENTH AFFIRMATIVE DEFENSE 
 
The Coronavirus Aid, Relief, and Economic Security Act (CARES ACT) bars Plaintiffs’ 
claims. 
ELEVENTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ breach of contract claims are barred for lack of consideration. 
TWELFTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims asserted on behalf of putative class members are barred because there is 
no basis under Federal Rule of Civil Procedure 23 to certify this action as a class action. 
THIRTEENTH AFFIRMATIVE DEFENSE 
 
  
Plaintiffs’ causes of action are barred, in whole or in part, for failure to join one or more 
indispensable parties. 
FOURTEENTH AFFIRMATIVE DEFENSE 
 
The imposition of punitive damages in this case would violate the Due Process Clauses of 
the Fifth and Fourteenth Amendments to the United States Constitution. 
FIFTEENTH AFFIRMATIVE DEFENSE 
 
  
Plaintiffs cannot assert claims under state law on behalf of residents of other states or in 
states where Plaintiffs did not suffer any injury.  
SIXTEENTH AFFIRMATIVE DEFENSE 
 
Plaintiffs’ claims are barred to the extent their alleged injuries were caused by 
Prestamos’s adherence to: the CARES Act, regulations, rules, guidance, notices and directives 
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from the United States Small Business Administration or other federal agencies; and any other 
applicable law.   
SEVENTEENTH AFFIRMATIVE DEFENSE 
Plaintiffs’ claims are barred to the extent it relates to alleged conduct that is subject to the 
regulatory jurisdiction of one or more regulatory or administrative agencies.  Alternatively, the 
claim is barred by the absence of any private right of action with regard to conduct submitted to 
the discretion of a regulatory or administrative agency or body. 
EIGHTEENTH AFFIRMATIVE DEFENSE 
Plaintiffs’ claims are barred in whole or in part by the applicable statutes of limitations. 
NINETEENTH AFFIRMATIVE DEFENSE 
Plaintiffs’ claims are barred by the doctrine of assumption of the risk. 
TWENTIETH AFFIRMATIVE DEFENSE 
Plaintiffs’ claims are barred in whole or in part by the doctrines of laches, consent, and/or 
ratification. 
RESERVATION OF RIGHTS 
 
Prestamos expressly reserves the right to assert such other and further affirmative defenses 
as may be appropriate. 
 
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67 
 
Dated:  May 21, 2024 
BALLARD SPAHR LLP 
 
By: /s/ Marcel S. Pratt 
Marcel S. Pratt (Pa. ID 307483) 
Edward D. Rogers (Pa. ID 69337) 
Thomas J. Gallagher IV (Pa. ID 316269) 
J. Chesley Burruss (Pa. ID 331521) 
Henry W. Longley (Pa. ID 328847) 
1735 Market Street, 51st Floor 
Philadelphia, PA 19103 
T: 215-665-8500 
F: 215-864-8999 
prattm@ballardspahr.com 
rogerse@ballardspahr.com 
gallaghert@ballardspahr.com  
burrussc@ballardspahr.com 
longleyh@ballardspahr.com 
 
HERRERA ARELLANO LLP 
Roy Herrera (admitted pro hac vice) 
Daniel A. Arellano (admitted pro hac vice) 
Jillian Andrews (admitted pro hac vice) 
Austin T. Marshall (admitted pro hac vice) 
1001 North Central Avenue, Suite 404 
Phoenix, AZ 85004 
T: 602-567-4820 
Roy@ha-firm.com 
Daniel@ha-firm.com 
Jillian@ha-firm.com 
Austin@ha-firm.com 
 
Counsel for Defendant Prestamos CDFI, LLC 
 
 
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CERTIFICATE OF SERVICE 
 
 
I, Marcel S. Pratt, hereby certify that on this 21st day of May 2024, I caused a copy of the 
foregoing to be served on all counsel of record via the Court’s ECF system. 
 
 
 
 
/s/ Marcel S. Pratt 
 
 
 
 
 
 
Marcel S. Pratt  
 
Case 5:21-cv-04337-JMG     Document 119     Filed 05/21/24     Page 68 of 68

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