Howard v. Wiren

Filed 7/31/06 Howard v. Wiren CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Appellant Randy Howard brought this action against Robert B. Wiren, who is now deceased, contending that Wiren owed appellant about $150,000 in loans that remained unpaid at the time of Wiren's death. The matter proceeded to a court trial, and the court rejected appellant's claims, finding his claims were not supported by any loan agreement or other documentation of the alleged loans, and that the testimony of appellant and his two witnesses was not credible. Appellant contends the trial court's ruling is not supported by substantial evidence. We affirm.

I. FACTS AND PROCEDURAL HISTORY

Appellant and Wiren were close friends for more than 30 years, and they sometimes engaged in business activities together relating to their common interests in antique cars, other collectibles, and items they bought or sold at flea markets. According to appellant's testimony, in the 1970's and 1980's, appellant loaned Wiren thousands of dollars, which mostly had been repaid.

However, this appeal concerns certain other alleged loans that were made more recently and never repaid. Appellant testified that, from time to time over the several years prior to Wiren's death in early 2002, appellant would write checks to Wiren as informal loans. Each check would be for a relatively large amount, such as $500 or $5,000. There was no loan agreement or other written documentation of the loans, and the checks themselves do not bear any indication that they are loans, such as by containing the word â€