Coleman v. Woosley CA4/3

Filed 4/29/14 Coleman v. Woosley CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

MARK E. COLEMAN, as Administrator, etc., G048730 Plaintiff and Respondent, (Super. Ct. No. 30-2009-00317193) v. OPINION BYRON WOOSLEY,

Defendant and Appellant.

Appeal from a judgment and order of the Superior Court of Orange County, Craig L. Griffin, Judge. Affirmed. Fransen and Molinaro and Nathan W. Fransen for Defendant and Appellant. Kimball, Tirey & St. John, Karl P. Schlecht and Michaelene H. Kapson, for Plaintiff and Respondent.

INTRODUCTION This is a one-issue appeal: Whether appellant Byron Woosley is liable for unpaid rent as the guarantor of a sublease after the subtenants defaulted. Both Woosley and respondent Mark Coleman moved for summary judgment on this one issue. The trial court granted Coleman’s motion and denied Woosley’s. Judgment was then entered in Coleman’s favor. We affirm both the judgment and the denial of Woosley’s motion. Woosley’s guaranty was indeed enforceable. His main argument – that the sublease had expired and so had his guaranty – is contradicted by the evidence he himself produced or agreed to. The court correctly entered judgment against him.

FACTS I. Facts Underlying the Motions for Summary Judgment Both parties agree as to the basic facts. Coleman is the administrator of the Lawrence P. Conte Estate, which owned the real property that is the subject of this appeal. Karly Brown leased this property from Conte. Brown in turn subleased the property to Michael and Dawna Brandon. The sublease commenced in September 2008. It terminated in September 2010, although another termination date was handwritten 1 above the original printed date. Appellant Woosley guaranteed the sublease between Brown and the Brandons in September 2008. The guaranty provided, “In consideration of the execution of the Agreement by and between [Brown] and [the Brandons] and for valuable consideration, receipt of which is hereby acknowledged, the undersigned (“Guarantor”)