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GUTHMANN v. LA VIDA LLENA

No. 15809.

709 P.2d 675 (1985)

103 N.M. 506

H.J. GUTHMANN, Personal Representative of the Estate of Kathleen MacKay, Deceased, Plaintiff-Appellant, v. LA VIDA LLENA, A New Mexico non-profit corporation, Defendant-Appellee.

Supreme Court of New Mexico.

November 21, 1985.

Attorney(s) appearing for the Case

Elvin Kanter, P.A., Albuquerque, for plaintiff-appellant.

Allen C. Dewey, Jr., Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellee.

OPINION

WALTERS, Justice.

Plaintiff H.J. Guthmann, personal representative of Kathleen MacKay, deceased, sought a refund of the entrance fee paid by Mrs. MacKay to defendant LaVida Llena (LVL), a non-profit, life-care retirement center. Guthmann's complaint alleged that the Residence Agreement requiring the entrance fee is unconscionable and an unenforceable adhesion contract. The trial court found for the defendant and Guthmann appeals. We affirm.

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