Peck
Sebastian International, Inc. v. Peck
Opinion
Opinion
Arabian, J.
Introduction
Defendant Kenneth E. Peck (Peck or appellant) appeals from the judgment entered after the granting of a summary judgment motion in favor of plaintiff Sebastian International, Inc. (Sebastian). Peck was found to be personally liable on a lease guaranty. We affirm.
Factual and Procedural Background
In May 1978, Sebastian entered into a five-year lease for a building in Chatsworth. In September 1980, with the consent of the master lessors, Sebastian sublet the premises to West Valley Blanchard Grinding, Inc. (West Valley). In conjunction with the execution of the sublease, the corpo rate officers of West Valley, Donald and Patricia Farley and appellant Peck, each signed a guaranty of lease personally assuring payment of West Valley’s rental obligations. The terms of the guaranty referred to Peck in his individual capacity; however, on the signature line he was identified as “Kenneth Peck, Vice President.” Peck also provided Sebastian with a personal statement of his assets.
The sublease was for a 33-month period ending May 31, 1983. West Valley occupied the premises until approximately May 1981, when it went out of business, leaving 24 months remaining on…