Nader & Sons v. Namvar CA2/4

BACKGROUND

Loans and Guaranties In June 2008, respondent Nader & Sons loaned $7.5 million to Namco Capital Group, Inc. (Namco). Namco, along with pledgors N.Y. 18, LLC and Beshmada, LLC and guarantors appellant and Ezri Namvar (Ezri),1 entered into a “Loan, Pledge and Security Agreement” in favor of Nader & Sons to secure the loan. Pursuant to the Loan, Pledge and Security Agreement, N.Y. 18 and Beshmada pledged as collateral their respective membership interests in 127 West 25th, LLC and 241 Fifth Ave. Hotel, LLC. The pledged interests included an unrelated personal guaranty previously made in Beshmada’s favor by Dan Shavolian (the Shavolian Guaranty). (See Nader & Sons LLC v. Shavolian (Dec. 3, 2018, G055458) [nonpub. opn.].)

We refer to Ezri Namvar by his first name to avoid confusion. No disrespect is intended. Appellant requested judicial notice of the Fourth District’s opinion below. The appellate record does not include a ruling on

2 In a separately executed personal guaranty, appellant guaranteed the full and timely repayment of the loan. The guaranty stated that it “shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of…