Bizar
LLP Mortgage, Ltd. v. Bizar
Opinion
Opinion
Grimes, J.
Appellants were defendants below and appeal from the grant of summary judgment in favor of the plaintiff in an action for breach of a promissory note and a common count for money lent. Appellants also contend the trial court erred in denying their motion for change of venue from Los Angeles County to Ventura County. We find the court did not abuse its discretion in denying the motion to transfer venue, and respondent was entitled to judgment as a matter of law, and we affirm the judgment.
BACKGROUND
Respondent LPP Mortgage, Ltd. is the assignee of a promissory note made by appellants B. Gordon and Helene Bizar and delivered to the United States Small Business Administration (SBA). In July 1992, appellants borrowed $112,500 from the SBA to make repairs to a house they owned in Malibu, and they secured the loan with a third trust deed on the Malibu property. In December 1998, the senior lienholder foreclosed on the Malibu property when appellants still owed the SBA $72,213.17, and SBA became a “sold out junior lienholder.” SBA assigned the promissory note to respondent in April 2001. Respondent filed this lawsuit, alleging two causes of action, for breach of the…