California, United States of America
The following excerpt is from 3115 Sepulveda Boulevard Holdings v. Mugel, G045288 (Cal. App. 2012):
"When a guaranty agreement incorporates another contract, the two documents are read together and '"[c]onstrued fairly and reasonably as a whole according to the intention of the parties." [Citations.]' [Citation.] In other words, when a party undertakes to guarantee the faithful performance of another contract, the guarantor is contracting in reference to the other contract; 'otherwise it would not know what obligation it was assuming.' [Citation.]" (Central Building, supra, 127 Cal.App.4th at p. 1058.) However, the law is settled that although the documents are read together, "'A contract of guaranty gives rise to a separate and independent obligation from that which binds the principal debtor.' (Security-First Nat. Bank v. Chapman (1940)
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41 Cal.App.2d 219, 221.)" {Talbott v. Hustwit (2008) 164 Cal.App.4th 148, 151.)
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