Series AGI Minden of Appian Group Investors DE v. Keith
Defendant Diane Keith appeals from an amended judgment entered following denial of her motion for a new trial. Plaintiff Series AGI Minden of Appian Group of Investors DE, LLC (Appian) was awarded in excess of $3 million in this action to enforce Keith's continuing guaranty of a loan made to finance a real estate venture in which she had a 45% interest. Keith says the guaranty is unenforceable because she was wrongfully induced into signing it by Appian's statements that the loan would be secured by a second deed of trust on the project property when, in fact, it could only be secured by a pledge of the owners' interests. Keith claims Appian had a duty to disclose its inability to secure its loan through a deed of trust before she signed the guaranty. We disagree. Keith's situation does not fall within the limited circumstances described in either California or Nevada law that impose upon a creditor a duty of disclosure to a guarantor. Thus, we affirm.[1]
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