Offender Ronald J. Ramos appeals a view following the demo judge led a verdict in support of plaintiff Family Government Discounts & Financing Connection (Household Government) from Ramos’s responsibility into a personal loan guaranty. We affirm.
Thomas Lynn, a primary loan administrator to have Domestic Government, negotiated brand new agreement with Brooks and prepared three data-the borrowed funds modification contract, the new promissory note additionally the [229 Cal
Defendant Ramos is actually president of one’s Ramos/Jensen Company (R/J Co.), a california company. R/J Co. is the entire companion from a limited relationship, the brand new Peacock Ridge Company (Peacock), shaped to do brand new Peacock Ridge design endeavor. Ranging from September 1983 and you can March 1985, plaintiff Home Federal loaned almost $eight.cuatro billion with the Peacock union. Each of the five operating system.
When this occurs, Peacock owed substantial amounts from inside the accrued desire along with almost every other financial obligation in connection with your panels. House Federal recognized a «work-out agreement» in which they forgave just about $one hundred,one hundred thousand of notice and you will provided to mortgage Peacock a supplementary $50,100. In return, Peacock assured to execute a great promissory note for $150,100000 covered by the an individual guaranty closed from the Ramos.
The exercise agreement try negotiated on behalf of Peacock by Arthur Brooks, an enthusiastic R/J Co. worker. Application. 3d 1612] personal guaranty-that he delivered to Brooks for the true purpose of obtaining Ramos’s signature. Brooks came back every around three finalized data files so you can Lynn on the December 18, 1986.fn. step 1
Brand new promissory notice offered a trademark line getting «Ronald J. Ramos, President» off R/J Co. since general lover away from Peacock. Ramos closed the newest file «Roentgen.J. Ramos, Pres.» The private guarantee provided the next surgical code:
Because of the November 1986, financial difficulties toward opportunity triggered Peacock to help you default toward Family Federal loans
«Into the attention of financing in the Organization in order to Borrower, We, Ronald J. Ramos (Guarantor), absolutely and you will for any reason be sure and you will vow to blow so you’re able to Association, or anyone who Association orders me to pay, all indebtedness of Borrower to Association confirmed by, or even in in whatever way linked to the mortgage (together with but not simply for a lot more improves otherwise money) or even the note, in order to do the covenants and you will agreements off Borrower within the newest mention otherwise people safety contract anywhere between Debtor and you can Organization.» The fresh signature range at the end of the document provided for the brand new trademark out-of «Ronald J. Ramos.» Rather, Ramos finalized it he’d closed the new promissory note: «R.J. Ramos, Pres.»
When Peacock defaulted on the fresh notice and you will Domestic Government lead match so you can demand the brand new guarantee, Ramos defended on to the floor you to definitely his signature while the «Pres.» expressed a purpose in order to bind only Roentgen/J Co. rather than himself personally into the warranty. From the intimate of all of the research, new trial court granted Household Federal’s actions getting a directed decision, concluding it absolutely was bound by this new court’s decision when you look at the Sebastian Globally, Inc. v. Peck (1987) 195 Cal. App. three dimensional 803 [240 Cal. Rptr. 911].
I start off with a term towards proceeding pose of the instance. The trial courtroom directed a verdict against Ramos, finishing there is certainly zero dispute in the [229 Cal. Application. three dimensional 1613] the relevant foundational proof and trusting in itself bound by a young Court from Interest choice. (Get a hold of basically Automobile Guarantee Transformation, Inc. v. Advanced Court (1962) 57 Cal. 2d 450, 455 [20 Cal. Rptr. 321, 369 P.2d 937].) [2a] In its lack of a managing appellate choice, not, the fresh new legal was proper in deciding you to definitely zero jury concern are showed. Once the Supreme Judge informed me during the Parsons v. Bristol Advancement Co. (1965) 62 Cal. 2d 861 [forty-two Cal. Rptr. 767, 402 P.2d 839], «The newest interpretation regarding a created tool, while it comes to what might safely be named inquiries out of reality [citation], is basically a judicial function to be worked out according to the basically acknowledged canons regarding translation so that the reason for bank loans for bad credit Floyd Hill the new means can be offered perception. . Making it entirely an official function to interpret a written means except if the fresh new interpretation turns abreast of the new credibility off extrinsic proof.» (Id. during the p. 865; discover in addition to Medical Surgery Administration, Inc. v. National Health Laboratories, Inc. (1986) 176 Cal. Application. three dimensional 886, 891-892 [222 Cal. Rptr. 455].) [2b] Here, because the people presented absolutely nothing related and no conflicting extrinsic facts (come across Pacific Fuel & E. Co. v. G.W. Thomas Drayage etc. Co. (1968) 69 Cal. 2d 33, 37 [69 Cal. Rptr. 561, 442 P.2d 641, 40 A great.L.R.three-dimensional 1373]), the latest demo judge safely would not fill out brand new translation of your created guarantee toward jury. (Select Scientific Functions Government, supra, 176 Cal.Software.3d at the p. 892, fn.cuatro.) Additionally, although not, we because reviewing legal look at the evidence and you can translate new guaranty de- novo. (Parsons, supra, 62 Cal.2d at p. 866; Scientific Functions Management, supra, 176 Cal.Software.3d at the p. 891.)