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ICSC Legal Database - CasesMonday, February 22, 1999 05:06 PM

Case Index:
01530

Citation:
11601 Wilshire Assoc. v. Grebow, 74 Cal. Rptr. 2d 912 (Ct. App. 1998).

Issue:
A landlord could not seek a judgement against the wife of a guarantor based on the personal guarantee of a

lease by her husband. The wife did not sign the lease or the guarantee, was not a member of the law

firm/lessee, and did not maintain an office in the leased premises. The court rejected the landlord's arguments

that it needed a judgment against the wife because it could record an abstract of the judgement against her,

limited to her interest in the community property, and that it needed to protect its judgment if the parties moved

to a state like Arizona where execution of a foreign judgment is permitted only if both spouses are named as

judgment debtors.

Facts:

Holding:

Publication:
Legal Update

Date:
Summer 1998

Classification 1:
Guarantees/Guarantors

Classification 2:

Classification 3:

01530 - Legal Update - Summer 1998