Pacifica L 39 LLC v. Ramy CA2/2

facts, supported by the declarations of its Director of Acquisitions and Development and of a Nara Bank Senior Vice President, and by the notes, guaranties and other loan documents. Defendants opposed the motion, arguing that a triable issue of fact existed as to whether the guaranties were enforceable. Defendants claimed that Nara Bank’s performance of its obligations under the loan agreements was a condition precedent to

3 their obligations under the guaranties, and that Nara Bank had breached the loan agreements, thereby excusing both Spanish Inn’s obligations under the notes and defendants’ obligations under the guaranties. As evidence of Nara Bank’s alleged breaches, defendants submitted the declaration of defendant Kohan. Plaintiff objected to the Kohan declaration in its entirety. The trial court sustained objections to paragraphs 7 through 14 and 22, and to exhibit C of the Kohan declaration. Because the Kohan declaration was the only evidence submitted by defendants, after the trial court’s evidentiary rulings, there was no evidence that Nara Bank had breached the loan agreements. The trial court also found that defendants had expressly waived the right to assert, as a…