Respondent says amendment and guarantee were executed together and create an unconditional guaranty

Julia Fleming, representing Day Road LLC, told the court that the amendment to lease and the attached guarantee were executed simultaneously as part of a single transaction concerning the same property and therefore must be construed together. She noted the record shows JBM negotiated new renewal terms in 2021, represented that Hush Labs would assume the lease, and that principals (including Paul) provided guarantees as part of that deal.

Fleming cited explicit text in the amendment and the attached guarantee naming Anthony Paul and Joshua Berman and stating they "hereby agree to personally and unconditionally guarantee the lease," arguing that language reflects a present, operative promise and supports the trial court's finding that Paul is liable. She told the panel the contemporaneous signing and notarization of both instruments shows Paul was an active participant in the transaction rather than a passive bystander.