California Court of Appeal

In suit under the Home Equity Sales Contracts Act, ruling that the purchase contract was voidable and plaintiff was entitled to reclaim title to the home from defendant is reversed as the bond requirement of Civil Code section 1695.17 is void for vagueness under the due process clause and may not be enforced.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael V. Hesse, Riverside, for Plaintiff and Appellant Ingo Schweitzer.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Albert Norman Shelden, Assistant Attorney General, Ronald A. Reiter and Seth E. Mermin, Deputy Attorneys General, for the State of California as Amicus Curiae on behalf of Plaintiff and Appellantand Plaintiff and Respondent., Turner & Maasch, Mark A. Maasch, San Diego;  U.S.D. School of Law and Shaun P. Martin, San Diego, for Defendants and Appellants., June Babiracki Barlow and Neil D. Kalin, Los Angeles, for California Association of Realtors as Amicus Curiae on behalf of Defendants and Appellants.