{"content":[{"text":"INTRODUCTION","bbox":{"left":0.414903,"top":0.089129,"width":0.16978700000000002,"height":0.022664000000000004}},{"text":"Plaintiff and respondent U.S. Bank National Association1 brought an action to \n enforce a Guaranty and Indemnity Agreement (Guaranty) that defendants and appellants \n Massoud Yashouafar and Solyman Yashouafar signed in favor of plaintiff’s predecessor- \n in-interest for the outstanding obligations owed by the borrowers on a promissory note \n (Note). The trial court granted plaintiff’s motion for summary judgment. On appeal, \n defendants contend that the trial court used the wrong date in calculating a prepayment \n fee (or Yield Maintenance Amount) for borrowers’ prepayment of the Note’s \n indebtedness. Alternatively, defendants argue that if the trial court used the correct date \n in calculating the prepayment fee, then the prepayment fee was an unenforceable penalty. \n We hold that even though the legal issue was not raised before the trial court, the \n documents should be interpreted so that the prepayment obligation only accrues upon \n payment and not on acceleration of the Note. Accordingly, we reverse and remand the \n matter to the trial court for a recalculation of the prepayment fee, if any.","bbox":{"left":0.117659,"top":0.145599,"width":0.760781,"height":0.363757}},{"text":"1 Plaintiff is fully identified as U.S. Bank National Association, As Trustee, as \n successor-in-interest to Bank of America, National Association, as successor by merger \n to Lasalle Bank National Association, as Trustee for the Registered Holders of 2006-CD3 \n Commercial Mortgage Pass-Through Certificates, acting by and through J.E. Robert \n Company, Inc., its Special Servicer.","bbox":{"left":0.117646,"top":0.809994,"width":0.7627769999999999,"height":0.09958800000000001}},{"text":"2","bbox":{"left":0.494714,"top":0.923965,"width":0.010588000000000042,"height":0.021828999999999987}}],"images_bbox":[],"images_bbox_not_text_overlap":[]}