Huntington Pacifica-Monterey, Inc. v. Fox CA4/3

Filed 7/17/15 Huntington Pacifica-Monterey, Inc. v. Fox 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

HUNTINGTON PACIFICA-MONTEREY, INC., G049680 Plaintiff and Respondent, (Super. Ct. No. 30-2012-00608310) v. OPINION STEVEN R. FOX,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Craig L. Griffin, Judge. Affirmed. Philip D. Dapeer for Defendant and Appellant. Larry J. Lichtenegger and Everett L. Skillman for Plaintiff and Respondent.

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INTRODUCTION Steven R. Fox guaranteed the rent payments from Health Essist, Inc. (Health Essist), to a commercial lessor, Huntington Pacifica-Monterey, Inc. (Huntington). Huntington sued Fox under the guaranty, and judgment was entered in Huntington’s favor after a bench trial. On appeal, Fox argues the guaranty was not supported by consideration because it was signed after the lease was executed. Fox’s contention is without merit. There was substantial evidence that the lease and the guaranty were signed at the same time; a presumption of consideration arises with respect to the guaranty because it is in writing; the language of the guaranty makes the leasing of the property consideration for the guaranty; Fox never raised lack of consideration as a defense; and there was evidence Health Essist was not permitted to move into the office space until after the guaranty was signed. We therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY Health Essist leased office space from Huntington. Fox, who was the owner and chief executive officer of Health Essist, signed a personal guaranty of the lease. Health Essist fell behind on its rent payments. Eventually, Huntington filed an unlawful detainer action against Health Essist, and evicted it. Huntington sued Fox to recover the amounts due under the guarantee. After a bench trial, the court issued a proposed statement of decision, in which it found (1) Fox executed the guaranty, (2) there was consideration for the guaranty, and (3) Huntington was due $97,249.19 from Fox. Judgment was entered in favor of Huntington and against Fox; Fox timely appealed.