California Court of Appeal

In suit alleging breach of a promissory note following defendant's late tender of a final, balloon payment on the note, orders sustaining of demurrers to complaint and awarding attorney's fees to defendant are reversed where the court erred in sustaining demurrers without leave to amend, inasmuch as plaintiff is entitled to recover actual damages suffered by reason of the late payment.

Appellate Information

• Decided 06/28/2007
• Published 06/28/2007

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ishikawa Law Office, Brendon Ishikawa, Davis;  Hoseit & Koelewyn and H. L. Koelewyn for Plaintiff and Appellant.


• For Appellees:
  
• Kilpatrick Law Offices, Terence Kilpatrick, Sacramento;  and Robert Craig Iseley for Defendant and Respondent.