Gardner

MEMORANDUM *

Defendants-appellants James J. Gardner, J. Keith Gardner, Carroll E. Gardner, and the J. Gardner Company (hereinafter collectively referred to as “Gardners”) appeal the summary judgment granted in favor of plaintiff-appellee, who are assignees of the United States Small Business Administration (hereinafter collectively and interchangeably referred to as “LPP” and “SBA”). LPP initiated this action based upon default of loans, personal guarantees of the loans, and foreclosure upon property securing the loans. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo. Cort v. St. Paul Fire & Marine Ins. Cos., Inc., 311 F.3d 979 , 983 (9th Cir.2002). We affirm.

A. Affirmative Defense of “Willful Acts” by Lender

Gardners argue that the district court erred by failing to analyze correctly their liability as guarantors in light of the guaranty’s language. Gardners maintain that LPP and SBA committed “willful acts” that caused deterioration, waste, and loss of value of the collateral when they refused to consent to sales of the collateral. Gardners maintain that under the terms of the guaranty agreement, this…