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SZCZOTKA v. IDELSON

Docket No. 27698.

228 Cal.App.2d 399 (1964)

39 Cal. Rptr. 466

LEO A. SZCZOTKA et al., Plaintiffs and Respondents, v. SOL M. IDELSON et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

July 9, 1964.

Attorney(s) appearing for the Case

W.I. Gilbert, Jr., and Jean Wunderlich for Defendants and Appellants.

Milton Zerin for Plaintiffs and Respondents.

LILLIE, J.

Defendants appeal from a judgment declaring void and usurious a $60,000 note owned by them, as well as a second trust deed securing such obligation on certain motel property belonging to plaintiffs.1 The judgment also permanently enjoined defendants from seeking the remedy of foreclosure otherwise available to them.

The subject litigation had its genesis in a three-cornered deal occurring in 1959. The pretrial order...

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