Advanced Sleep Products v. Norman Soep Paul Romanelli

8 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ADVANCED SLEEP PRODUCTS, Plaintiff-Appellee, v. Norman SOEP; Paul Romanelli, Defendants-Appellants. No. 91-55867. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1993. * Decided Aug. 30, 1993. Before NOONAN, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Norman Soep and Paul Romanelli appeal the district court's pretrial rulings in this action to enforce a guaranty. We affirm, but remand for a determination of attorney fees for this appeal. BACKGROUND FACTS 3 Nimbus Bedrooms, Inc. was engaged in a retail waterbed business, selling the "Wavecrest" line of products supplied by Advanced Sleep Products (ASP). In consideration for extending a line of credit to Nimbus, ASP required personal guarantees (the Guaranty) from Soep and Romanelli (Guarantors). The Guaranty was executed August 1, 1989 and expired September 30, 1989. Nimbus was in financial distress and ASP agreed to supply product to…