McComber

A notary public, Chelle Wells, her employer, McCoy Motor Company doing business as Mills Ford, and her bond surety, Western Surety Co. (collectively Wells unless otherwise indicated), appeal from a judgment entered in favor of Lourey A. McComber in her negligence action. Wells maintains the trial court erroneously failed to offset the jury’s damages award and should have precluded Lourey from recovering noneconomic damages. Lourey also challenges several of the trial court’s rulings. We modify the economic and noneconomic damage awards, but otherwise affirm the judgment.

I

In 1983, Lourey and Gerald McComber bought a home in Anaheim, borrowing money from two lenders who then held the first and second trust deeds encumbering the property. In 1985, the McCombers obtained several unsecured loans from Pioneer Bank. Within a few months the money was spent, and the bank asked Gerald to secure the loans by signing a promissory note and a third trust deed. Gerald agreed.

Gerald signed his and Lourey’s names to the note and trust deed. He took the documents to McCoy Motor Company and asked his friend, William Mills, to help him notarize both signatures even though Lourey was…