Texas appeals court upholds $619K judgment against beverage company co-owner

The appeals court accepted the lender’s recordkeeping evidence and rejected Pham’s disclosure objections as improperly raised at trial. A business loan can put more than just the company’s finances at risk. If a lender asks an owner to personally guaranty some of the borrowing, the consequences can haunt them long after the business runs into trouble. That was the case in a dispute involving Texas beverage maker Holy Kombucha, after a lender came after one of its co-owners over a guaranty signed as part of a loan restructuring.On Oct. 30, 2026, the Texas Sixth Court of Appeals upheld a judgment against Theresa Pham for $619,419.50 to Montgomery Capital Partners IV, LP. The award was $500,000 in damages and $119,419.50 in pre-judgment interest. The decision upheld the trial court’s finding that Pham’s guaranty was still in place when the company defaulted.How the guaranty was triggeredAccording to the Texas Sixth Court of Appeals, Montgomery Capital Partners loaned $2 million to Holy Kombucha, Inc., partially owned by Pham and Leandro Bienati, in January 2021. After a first default, the company entered into a forbearance agreement in December of that year.Under the agreement the len...