Spyksma
Spyksma v. Sousamian CA4/3
Opinion
Opinion
Rylaarsdam, J.
FACTS
In March of 2008, Sousamian and Spyksma entered into an agreement to divide their joint ownership of various assets and liabilities. Included among the assets were a “motor home coach” (the coach) and “[a] lot at ‘Outdoor Resorts’ in Indio on which the [c]oach is from time to time parked . . . .” (The coach lot.) The agreement reflected the parties had jointly obtained one loan to purchase the coach and a separate loan in the amount of $275,000 to purchase the coach lot. Spyksma agreed to convey her interest in both the coach and the coach lot to Sousamian, and he in turn agreed to assume exclusive responsibility for both loans. He further agreed to “hold [her] harmless from
2 any claims from the lender on the coach loan, the lender on the coach lot loan, the association associated with the coach lot, and other creditors associated with the coach, the coach lot, or the coach lot loan.” (Capitalization omitted.) By 2010, Sousamian was experiencing significant financial difficulties. He sold the coach, and attempted without success to sell the coach lot. He made his last payment on the coach lot loan in June 2010. He did not inform Spyskma of his default, however. Instead,…