Defendant Ronald J. Ramos appeals a wisdom adopting the demo courtroom directed a verdict in support of plaintiff House Federal Coupons & Loan Relationship (House Federal) away from Ramos’s liability to your a personal bank loan guaranty. We affirm.
Thomas Lynn, a major mortgage officer having Household Government, negotiated new arrangement having Brooks and you may waiting three data files-the borrowed funds amendment arrangement, the brand new promissory notice plus the [229 Cal
Accused Ramos was chairman of your own Ramos/Jensen Company (R/J Co.), a ca corporation. R/J Co. are the entire spouse off a finite commitment, brand new Peacock Ridge Business (Peacock), molded to complete the latest Peacock Ridge construction venture. Anywhere between Sep 1983 and you can March 1985, plaintiff Family Government loaned nearly $seven.cuatro mil towards Peacock connection. Each of the five os.
When this occurs, Peacock due big sums during the accumulated desire together with most other debt to the the project. House Federal accepted a great «work-out contract» where it forgave just about $a hundred,100000 of one’s attention and you may offered to financing Peacock an extra $50,100. Inturn, Peacock guaranteed to do an excellent promissory notice to have $150,100000 secured from the your own warranty finalized from the Ramos.
The latest workout arrangement are discussed on the part of Peacock by Arthur Brooks, an enthusiastic Roentgen/J Co. worker. Software. three dimensional 1612] personal guaranty-he taken to Brooks for the intended purpose of acquiring Ramos’s signature. Brooks returned most of the about three finalized files so you’re able to Lynn toward December 18, 1986.fn. step 1
The promissory note considering a trademark range getting «Ronald J. Ramos, President» away from Roentgen/J Co. due to the fact general spouse regarding Peacock. Ramos closed brand new file «Roentgen.J. Ramos, Pres.» The personal guaranty included the following surgical words:
Of the November 1986, financial hardships to your project triggered Peacock in order to standard toward Household Government fund
«For the believe of one’s financing in the Association to Debtor, I, Ronald J. Ramos (Guarantor), positively and you may for any reason guarantee and you may guarantee to expend so you can Connection, or the person who Organization commands me to pay, any and all indebtedness out-of Debtor to help you Connection evidenced of the, or even in in any manner connected with the mortgage (as well as however limited to more advances otherwise funds) or the mention, and also to carry out the covenants and you can agreements out of Debtor present in brand new mention otherwise any safeguards agreement ranging from Borrower and you may Relationship.» The new trademark range in the bottom of the file provided for the latest trademark out-of «Ronald J. Ramos.» Rather, Ramos closed it he previously finalized this new promissory mention: «R.J. Ramos, Pres.»
When Peacock defaulted to your the latest notice and you may House Federal lead fit to enforce the latest guarantee, Ramos defended on to the ground you to his trademark because the «Pres.» conveyed a purpose so you can bind simply R/J Co. and not themselves really to your warranty. At the personal of all the proof, the fresh new trial court provided Home Federal’s activity for a directed decision, concluding it had been bound by the fresh court’s choice into the Sebastian Globally, Inc. v. Peck (1987) 195 Cal. Software. three dimensional 803 [240 Cal. Rptr americash loans Norwood. 911].
We start off with a phrase concerning the procedural posture of your instance. The new demo judge brought a decision against Ramos, concluding there is certainly zero dispute from inside the [229 Cal. Software. three dimensional 1613] the appropriate foundational facts and thinking itself bound by an early Judge out of Attract choice. (See generally Vehicles Collateral Sales, Inc. v. Premium Judge (1962) 57 Cal. 2d 450, 455 [20 Cal. Rptr. 321, 369 P.2d 937].) [2a] Inside its lack of a controlling appellate decision, but not, brand new court are proper from inside the deciding one to zero jury matter was presented. Once the Best Judge informed me during the Parsons v. Bristol Advancement Co. (1965) 62 Cal. 2d 861 [forty-two Cal. Rptr. 767, 402 P.2d 839], «This new interpretation away from an authored instrument, even though it relates to what would properly getting entitled concerns off truth [citation], is basically a judicial form becoming worked out with regards to the fundamentally approved canons of translation so the reason for the brand new appliance is given effect. . So it is exclusively a judicial function to understand a written appliance until the interpretation converts upon the brand new trustworthiness from extrinsic facts.» (Id. from the p. 865; select also Scientific Surgery Administration, Inc. v. National Health Labs, Inc. (1986) 176 Cal. App. three-dimensional 886, 891-892 [222 Cal. Rptr. 455].) [2b] Right here, as activities demonstrated nothing related with no contradictory extrinsic proof (look for Pacific Fuel & Age. Co. v. Grams.W. Thomas Drayage etcetera. Co. (1968) 69 Cal. 2d 33, 37 [69 Cal. Rptr. 561, 442 P.2d 641, 40 An effective.L.Roentgen.three-dimensional 1373]), the latest demo legal safely refused to fill in new translation of your authored guaranty into jury. (Come across Scientific Functions Management, supra, 176 Cal.App.three dimensional on p. 892, fn.cuatro.) In addition, not, we as looking at legal consider the evidence and you will interpret new warranty de novo. (Parsons, supra, 62 Cal.2d in the p. 866; Medical Operations Government, supra, 176 Cal.Application.three dimensional in the p. 891.)
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