Lighter

Baralat Development Co. v. Lighter

Good Law
191 Cal. App. 3d 933
Court of Appeal of CaliforniaMay 6, 1987No. B019703California950 words

Opinion

Lead Opinion

Abbe, J.

*935 Opinion

Burton Lichter (Lichter) appeals from a judgment against him after a nonjury trial awarding Baralat Development Company (Baralat) $26,074.92 together with $4,488.25 attorneys’ fees and costs. We affirm.

Facts

On or about April 30, 1979, Baralat leased certain commercial premises in Thousand Oaks to Conejo-Pacific, Ltd. (Conejo-Pacific), a California corporation. The initial term of the lease was for five years with two options exercisable by the lessee to extend the lease for an additional five years each. One of these options was exercised.

The lease was executed on behalf of Conejo-Pacific by Lichter and Jerald Fogel (Fogel) who were officers and shareholders of the corporation. Below their signatures as officers of the corporation, Lichter and Fogel signed their names individually after the word “guarantor.” The parties did not enter into any separate surety agreement.

In June of 1984 Lichter sold his interest in Conejo-Pacific to Fogel. Shortly thereafter Lichter requested Baralat to release him from his obligations under the lease, but Baralat refused to do so.

In the fall of 1984 Conejo-Pacific became delinquent in its rental payments. Lichter was unaware…

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