WVS SPE LLC v. Azinian CA2/4

INTRODUCTION

Appellants Robert Azinian (Azinian) and Lloyd Sugarman (Sugarman) guaranteed a commercial lease. The tenant defaulted twice, and was evicted; the landlord, respondent WVS SPE LLC (WVS), sued Azinian and Sugarman to recover on the guarantee. The trial court granted summary judgment in favor of WVS. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Facts

The parties do not dispute the basic timeline of events underlying this lawsuit. In February 2013, Ike’s Sandwich Place of Westwood, Inc. (tenant) entered into a commercial lease with WVS. Azinian and Sugarman signed a lease guarantee. In 2014, WVS filed an action in unlawful detainer against tenant and obtained a default judgment. Rather than execute on the judgment, WVS agreed to reinstate the lease, with certain amendments. In 2018, tenant again defaulted on its lease obligations. WVS filed another unlawful detainer in March 2019, obtained a judgment in July 2019, and regained possession of the premises in October 2019.

II. Procedural History

A. Initial Filings In September 2019, WVS filed a complaint containing a single cause of action for breach of guarantee against Azinian and Sugarman. Sugarman filed…