California Court of Appeal

In a Chapter 13 bankruptcy matter, decision finding defendant was an equity purchaser and plaintiff was an equity seller and therefore the transaction came under the protection of the Home Equity Sales Contract Act (HESCA) is affirmed over claims of error that: 1) plaintiff's sale of property to individual as his assignee was outside the scope of HESCA; and 2) the sale fell under the exceptions to an equity purchaser set forth in section 1695.1 subdivisions (a)(4) and (a)(5).

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• LAMBDEN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Office, James Lee Hand, Esq., Oakland, for Plaintiff and Respondent, Alanna Spencer., James E. Toothman & Associates, James E. Toothman, Esq., Los Gatos, Joel F. Donahoe, Esq., Walnut Creek, for Defendant and Appellant, Ryan Marshall.