Eves
Series AGI West Linn of Appian Group Investors DE, LLC v. Eves
Opinion
Opinion
Richman, J.
Robert Eves appeals from the Judicial Council form AT-120 right to attach order and order for issuance of writ of attachment after hearing. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still excluded when the surety is called to answer for its guaranty?
The novelty of the issue notwithstanding, we resolve it as simply one of contractual interpretation. Our examination of the guaranty, together with other documents executed at the same times, shows that Eves could have inserted language extending the exclusion from the assets to the sale proceeds of those same assets. He simply failed to do so. Judicially correcting that omission would amount to an improper rewriting of the parties’ contract. For this reason we agree with the trial court that the proceeds are not exempt from being attached to satisfy the surety’s obligation.
BACKGROUND
According to the papers of plaintiff Series AGI West Linn of Appian Group Investors DE, LLC (Series AGI), in April 2007…