Skidmore

Intervest Mortgage Investment Co. v. Skidmore

Good Law
655 F. Supp. 2d 1100·2009 WL 2134382·2009 U.S. Dist. LEXIS 47657
United States District Court, Eastern District of CaliforniaJune 2, 2009CIV. S-08-1543 LKK/DADCalifornia4,591 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiff Intervest-Mortgage Investment Co. (“Intervest”) issued a loan to finance construction of a housing project, and protected this loan by, inter alia, acquiring an unsecured personal guaranty from defendants Kip Skidmore and Ilia Jones-Skid-more. This loan is in default, and Inter-vest has sought to collect on the guaranty. Intervest claims that Skidmores have breached the guaranty contract, and that Skidmores fraudulently transferred certain assets in order to escape this obligation. Pending before the court is Intervest’s motion for partial summary judgment as to liability on both claims.

I. BACKGROUND

A. The Guaranty Agreement

Intervest entered a loan agreement with the Crest at Memory Lane, LLC (“CAML”) on March 1, 2007 to finance a development project. The loan was for $4,776,000. That same day, the Skidmores executed a personal guaranty, agreeing to pay all sums due on the loan in the event of a borrower default. The Skidmores were also involved in the project in other ways. Kip Skidmore is involved in the CAML LLC, and he is president and owner of Sierra National Construction, a firm which was hired to provide “job cost accounting services” — i.e.,…

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