Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment for the bank, and awarded it attorney’s fees.  The Court of Appeal affirmed in full.  Adopting GMSR’s arguments, it held that the borrowers and guarantor had forfeited their evidentiary objections by failing to adequately brief them on appeal, that in any event, the trial court was well within its discretion in overruling the objections, and that the bank had proved its case.

Pacific Western Bank v. Far Out Productions, Inc. (Dec. 31, 2018, B278076) 2018 WL 6839451 [Second District, Division 3] [nonpublished]

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