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BENNETT v. LEATHERBY

Docket No. B056737.

3 Cal.App.4th 449 (1992)

4 Cal. Rptr.2d 340

H. MICHAEL BENNETT, as Trustee, etc., Plaintiff and Appellant, v. ALBERT LEATHERBY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

February 5, 1992.

Attorney(s) appearing for the Case

COUNSEL

Fields & Hoffmann and Howard M. Fields for Plaintiff and Appellant.

Greve, Clifford, Diepenbrock & Paras, Knox, Lemmon & Brady, Thomas S. Knox, Peter D. Lemmon and W. Gregory Day for Defendants and Respondents.

OPINION

GILBERT, J.

The guarantors of a lease agree to guarantee the performance of a lessee and any successors, assignees or sublessees. Here we hold that a sublessee who assumes all obligations under the prime lease, with the consent of the lessor, is a principal debtor. Therefore, if the lessor impairs its rights or remedies against the sublessee, without the consent of the guarantors, the guarantors are released from their guaranty...

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