Home Federal Coupons & Loan Assn. v. Ramos (1991)

Posted on 3 de outubro de 2024
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Accused Ronald J. Ramos is attractive a loans in Florissant view pursuing the demo legal brought a decision and only plaintiff Domestic Government Savings & Financing Association (House Federal) out-of Ramos’s liability on the an unsecured loan guarantee. I affirm.

Thomas Lynn, a major financing administrator to have Domestic Federal, negotiated the fresh new contract which have Brooks and wishing three data-the loan amendment contract, the promissory note in addition to [229 Cal

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Offender Ramos is actually chairman of Ramos/Jensen Company (R/J Co.), a california business. R/J Co. is actually all round mate out of a finite union, the newest Peacock Ridge Company (Peacock), formed to accomplish the brand new Peacock Ridge structure project. Anywhere between Sep 1983 and you can March 1985, plaintiff Domestic Federal loaned nearly $7.cuatro mil for the Peacock connection. All the four operating system.

At that point, Peacock due nice amounts from inside the accrued attention together with most other personal debt concerning your panels. Home Federal approved an effective “workout contract” where they forgave all but $one hundred,100 of your focus and you may wanted to financing Peacock an extra $fifty,000. In return, Peacock promised to perform an effective promissory notice to have $150,one hundred thousand protected by your own guaranty finalized because of the Ramos.

Brand new workout contract is actually discussed on behalf of Peacock by Arthur Brooks, an enthusiastic Roentgen/J Co. staff member. Software. three-dimensional 1612] individual warranty-he brought to Brooks with regards to getting Ramos’s signature. Brooks came back all three finalized documents to help you Lynn to the December 18, 1986.fn. 1

The fresh new promissory mention provided a signature line to own “Ronald J. Ramos, President” out of R/J Co. just like the standard companion away from Peacock. Ramos signed the file “R.J. Ramos, Pres.” The personal guarantee integrated the next medical words:

Of the November 1986, financial difficulties with the enterprise brought about Peacock in order to default to the Family Government money

“Inside idea of loan on the Organization to help you Borrower, I, Ronald J. Ramos (Guarantor), absolutely and you will unconditionally verify and you will promise to pay to Connection, or anyone who Association commands us to shell out, any and all indebtedness from Debtor to help you Organization confirmed of the, or perhaps in in whatever way pertaining to the mortgage (plus although not restricted to more improves or money) or even the mention, and create most of the covenants and you will agreements from Borrower contained in the newest note otherwise any shelter agreement anywhere between Debtor and you will Relationship.” The new signature range towards the bottom of one’s file delivered to the fresh new signature out-of “Ronald J. Ramos.” Rather, Ramos finalized it as he’d closed brand new promissory note: “Roentgen.J. Ramos, Pres.”

When Peacock defaulted towards this new note and Home Federal introduced suit to help you impose the newest warranty, Ramos defended on the floor one to his trademark as the “Pres.” shown an intention so you can join only Roentgen/J Co. and not himself truly to your warranty. On romantic of all of the research, the fresh demonstration court provided House Federal’s motion to possess a brought verdict, finishing it actually was bound by the court’s choice inside Sebastian Around the world, Inc. v. Peck (1987) 195 Cal. Software. three dimensional 803 [240 Cal. Rptr. 911].

We start off with a phrase concerning proceeding present of your instance. This new demonstration legal led a verdict facing Ramos, finishing there is certainly zero disagreement for the [229 Cal. App. three-dimensional 1613] the relevant foundational facts and you can trusting itself limited by an earlier Court away from Focus choice. (Discover generally Auto Security Conversion process, Inc. v. Advanced Courtroom (1962) 57 Cal. 2d 450, 455 [20 Cal. Rptr. 321, 369 P.2d 937].) [2a] Inside its lack of a managing appellate choice, not, this new legal try correct inside determining that zero jury matter are shown. While the Best Court said within the Parsons v. Bristol Advancement Co. (1965) 62 Cal. 2d 861 [forty-two Cal. Rptr. 767, 402 P.2d 839], “The brand new translation out of a written tool, although it involves what can properly be called questions out-of fact [citation], is largely an official setting as worked out according to the basically approved canons of interpretation so the reason for new tool tends to be offered impression. . So it’s exclusively a judicial function in order to understand a composed means unless of course brand new interpretation converts through to the newest credibility off extrinsic facts.” (Id. within p. 865; look for together with Medical Businesses Administration, Inc. v. National Wellness Laboratories, Inc. (1986) 176 Cal. App. three-dimensional 886, 891-892 [222 Cal. Rptr. 455].) [2b] Here, due to the fact people exhibited nothing related and no conflicting extrinsic facts (discover Pacific Energy & Age. Co. v. Grams.W. Thomas Drayage etcetera. Co. (1968) 69 Cal. 2d 33, 37 [69 Cal. Rptr. 561, 442 P.2d 641, 40 Good.L.R.three-dimensional 1373]), this new demonstration courtroom securely refused to complete the brand new translation of the created guaranty into jury. (Look for Medical Procedures Management, supra, 176 Cal.App.3d within p. 892, fn.cuatro.) Additionally, however, i since the reviewing judge consider the evidence and you may interpret the guarantee de novo. (Parsons, supra, 62 Cal.2d within p. 866; Scientific Functions Management, supra, 176 Cal.Application.3d on p. 891.)