California Court of Appeal

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Pacific Shore Funding v. Lozo, B178694

Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act merely because they have already refinanced that loan.

Appellate Information

  • Decided 04/27/2006
  • Published 04/27/2006

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • AARP Foundation Litigation and Barbara Jones;  Jean Constantine-Davis (Washington, D.C.) and Nina Simon (Washington, D.C.);   and Michel Schuster, Washington, D.C.), as Amici Curiae on behalf of Appellants.

  • For Appellees:
  • Knapp, Petersen & Clarke and Stephen M. Harris for Defendants, Cross-Complainants and Appellants., Morrison & Foerster, H. Mark Mersel and Eric D. Olson for Plaintiff, Cross-Defendant and Respondent., Bill Lockyer, Attorney General, Richard M. Frank, Chief Deputy Attorney General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Assistant Attorney General, Ronald A. Reiter and Benjamin G. Diehl, Deputy Attorneys General, as Amici Curiae on behalf of Defendants, Cross-Complainants and Appellants., Severson & Werson and Jan T. Chilton as Amici Curiae on behalf of Respondent.
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