Defendant Ronald J. Ramos is attractive a view adopting the demo judge brought a verdict and only plaintiff Household Federal Savings & Loan Relationship (Home Government) off Ramos’s liability toward an unsecured loan warranty. We affirm.

Thomas Lynn, a major mortgage officer getting Home Federal, negotiated the latest contract with Brooks and you can waiting about three records-the borrowed funds modification agreement, the fresh promissory mention while the [229 Cal

Offender Ramos was president of Ramos/Jensen Providers (R/J Co.), a california organization. R/J Co. was the general spouse out-of a finite commitment, this new Peacock Ridge Company (Peacock), designed to complete the newest Peacock Ridge structure investment. Anywhere between September 1983 and you will March 1985, plaintiff House Government loaned almost $7.cuatro million with the Peacock partnership. All the four operating system.

When this occurs, Peacock owed substantial amounts during the accumulated desire along with other loans about the the project. House Government approved an excellent “work-out agreement” in which they forgave all but $100,000 of one’s notice and you may offered to financing Peacock an additional $50,000. Inturn, Peacock promised to do a great promissory mention to possess $150,one hundred thousand secured by your own guarantee finalized of the Ramos.

The fresh workout contract try discussed on the part of Peacock by Arthur Brooks, a keen R/J Co. employee. Software. three dimensional 1612] individual guarantee-that he taken to Brooks with regards to acquiring Ramos’s signature. Brooks came back all the around three finalized files in order to Lynn on December 18, 1986.fn. step 1

This new promissory notice considering a signature range having “Ronald J. Ramos, President” regarding Roentgen/J Co. since the standard mate out of Peacock. Ramos signed the new file “R.J. Ramos, Pres.” The personal guaranty included the next medical language:

Of the November 1986, financial difficulties to the investment caused Peacock so you’re able to standard into Domestic Government funds

“For the thought of the mortgage from the Association to help you Debtor, We, Ronald J. Ramos (Guarantor), positively and you can unconditionally make certain and you can guarantee to pay so you’re able to Relationship, or anyone payday loan Eldora who Connection sales me to shell out, any indebtedness regarding Borrower to help you Relationship evidenced from the, or even in in any manner associated with the borrowed funds (also not limited to most enhances otherwise financing) or even the notice, also to create all covenants and you can preparations away from Debtor found in the latest note or one safeguards contract between Borrower and you may Relationship.” Brand new signature line at the end of file provided for this new trademark out-of “Ronald J. Ramos.” As an alternative, Ramos finalized it he had signed brand new promissory note: “R.J. Ramos, Pres.”

When Peacock defaulted to your the notice and you can House Federal produced suit to impose the brand new guarantee, Ramos defended on the ground you to their signature given that “Pres.” indicated an intent to bind merely R/J Co. and never himself in person on warranty. On close of all facts, the brand new demo courtroom offered Home Federal’s activity to own a led verdict, concluding it had been bound by the latest court’s decision inside Sebastian All over the world, Inc. v. Peck (1987) 195 Cal. App. three-dimensional 803 [240 Cal. Rptr. 911].

I start out with a word about the procedural posture of your own circumstances. The brand new demonstration courtroom brought a verdict against Ramos, finishing there can be no conflict into the [229 Cal. Application. three-dimensional 1613] the appropriate foundational facts and believing in itself limited by a young Court off Notice decision. (Select basically Car Equity Transformation, Inc. v. Premium Court (1962) 57 Cal. 2d 450, 455 [20 Cal. Rptr. 321, 369 P.2d 937].) [2a] In its lack of a managing appellate decision, but not, new legal was proper into the choosing you to no jury matter try presented. As Finest Court told me in the Parsons v. Bristol Creativity Co. (1965) 62 Cal. 2d 861 [forty two Cal. Rptr. 767, 402 P.2d 839], “New translation off a written software, while it pertains to what can safely end up being titled concerns away from fact [citation], is basically an official function as worked out with regards to the basically recognized canons off interpretation so that the purposes of the fresh device tends to be provided impression. . So it is entirely a judicial means in order to translate a composed device until this new translation transforms through to the dependability from extrinsic proof.” (Id. from the p. 865; come across and additionally Medical Businesses Management, Inc. v. Federal Wellness Laboratories, Inc. (1986) 176 Cal. Software. three-dimensional 886, 891-892 [222 Cal. Rptr. 455].) [2b] Here, as events presented little related and no contradictory extrinsic evidence (see Pacific Energy & E. Co. v. Grams.W. Thomas Drayage an such like. Co. (1968) 69 Cal. 2d 33, 37 [69 Cal. Rptr. 561, 442 P.2d 641, 40 An effective.L.Roentgen.3d 1373]), brand new trial judge safely would not submit this new translation of one’s written guaranty for the jury. (Pick Scientific Procedures Management, supra, 176 Cal.App.three dimensional in the p. 892, fn.cuatro.) Additionally, however, we as reviewing court take into account the evidence and you can interpret the guaranty de- novo. (Parsons, supra, 62 Cal.2d within p. 866; Medical Procedures Administration, supra, 176 Cal.App.three-dimensional during the p. 891.)