California Court of Appeal

In an action arising out of a series of loans defendant made to plaintiff, to recover usurious interest and prevent defendant from foreclosing on property securing his loans, the trial court's judgment -- that plaintiff's usurious interest payments made over the course of the relationship offset the principal debt, and that plaintiff could recover interest payments he made during the two years prior to the filing of this lawsuit -- is affirmed where: 1) plaintiff did not waive his usury claim; and 2) the statute of limitations does not bar plaintiff's claim with respect to any loan that was paid off more than two years before this lawsuit was filed.

Appellate Information

• Published 2017/05/22

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• California Court of Appeal

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