The plaintiff bank moved for summary judgment to enforce personal guarantees given in support of a term loan and line of credit advanced to a franchise corporation.
The responding party admitted the borrower defaulted but argued the bank made an improvident sale of secured assets and asserted a counterclaim on that basis.
Applying the summary judgment framework and the test for improvident sale, the court held the bank acted reasonably, the responding party failed to adduce admissible evidence showing a triable issue, and any alleged loss belonged to the corporation rather than the guarantor.
Judgment was granted on the guarantees, the counterclaim was dismissed, and costs were awarded to the plaintiff.
