Cecil

Cecil v. ROCKY MOUTAIN RAILWAY AND MINING MUSEUM

Good Law
543 F. Supp. 2d 1145·2008 WL 544583·2008 U.S. Dist. LEXIS 14482
United States District Court, Eastern District of CaliforniaFebruary 26, 20082:07-cr-00419California1,081 words

Opinion

Opinion

Burrell, J.

ORDER

Plaintiffs and Counter-defendants Lynn T. Cecil and Suzie Cecil, who are trustees of the Cecil Family Revocable Trust, and Rick Cecil and Lynette Cecil (“Plaintiffs”) move for summary judgment on their three claims against Defendants Rocky Mountain Railway and Mining Museum (“Rocky Mountain”) and Yreka Western Railroad (“Yreka Western”) (collectively, “Defendants”). Plaintiffs claim (1) Rocky Mountain breached a promissory note payable to Plaintiffs, (2) Yreka Western breached a written guaranty of Rocky Mountain’s performance of the promissory note, and (3) Plaintiffs are entitled to enforce the security interest they hold in Yreka Western’s “Steam Locomotive No. 19,” which was part of the collateral securing the written guaranty. Plaintiffs also move for summary judgment on Yreka Western’s counterclaim against them, which seeks a declaratory judgment stating that the “Santa Rosa business coach” is the sole collateral securing the written guaranty. Defendants filed a non-opposition to Plaintiffs’ motion.

I. Summary Judgment Motion

A.Breach of the Promissory Note

Plaintiffs seek summary judgment on their claim that Rocky Mountain breached a promissory note contract…

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