California Court of Appeal

In plaintiff's action seeking damages for wrongful foreclosure and usurious interest against defendants, including a fellow investor, judgment in favor of defendants is affirmed where: 1) the trial court correctly ruled that the joint venture exception to the usury rules applied as there is strong evidence that a joint venture existed between plaintiff and the fellow investor; and 2) since the transaction was not usurious, it follows that the foreclosure sale was properly conducted.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• JONES, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David M. McKim for Plaintiff and Appellant.


• For Appellees:
  
• Cheryl C. Rouse and Jonathan G. Chance for Defendants and Respondents.