Connolly

Connolly v. Bank of Sonoma County

Good Law
184 Cal. App. 3d 1119·1986 Cal. App. LEXIS 1968·229 Cal. Rptr. 396·2 U.C.C. Rep. Serv. 2d (West) 392
Court of Appeal of CaliforniaAugust 27, 1986A029060California2,451 words

Opinion

Opinion

Elkington, J.

Defendant Bank of Sonoma County (presently Westamerica Bank) appeals from a partial summary judgment in favor of plaintiffs and respondents William J. and Nancy Connolly in which the trial court declared the Connollys’ personal guaranty to the Bank of Sonoma County (Bank) void and unenforceable, barred recovery of any deficiency arising from the underlying loan guaranteed by the Connollys, and quieted title to the Connollys’ personal residence. Finding that the papers presented to the trial court by the parties do not give rise to any triable issue of fact (Corwin v. Los Angeles Newspaper Service Bureau, Inc. (1971) 4 Cal.3d 842, 851-852 [ 94 Cal.Rptr. 785 , 484 P.2d 953 ]), we affirm.

The facts are undisputed. On March 4, 1975, the Bank loaned $335,000 to Stol Air, Inc. (Stol), a corporation wholly owned by the Connollys. The Bank took as collateral a security interest in Stol’s equipment and three airplanes. Additionally, the Connollys signed a personal guaranty of the loan secured by a deed of trust on their home in favor of the Bank. The guaranty contained extensive waivers, including the right to notice prior to the disposition of the collateral in the event of…

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