California Court of Appeal

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Junkin v. Golden W. Foreclosure, A124374

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.