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WINNETT v. ROBERTS

Docket No. 24354.

179 Cal.App.3d 909 (1986)

225 Cal. Rptr. 82

DON E. WINNETT et al., Plaintiffs and Appellants, v. ANDREW J. ROBERTS et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 8, 1986.

Attorney(s) appearing for the Case

COUNSEL

Kronick, Moskowitz, Tiedemann & Girard, Leonard M. Friedman, Thomas C. Hughes, Fred Crane and Michael V. Hesse for Plaintiffs and Appellants.

Daniel G. Nauman for Defendants and Respondents.

OPINION

PUGLIA, P.J.

Plaintiffs Don and Susan Winnett brought an action to enjoin the foreclosure sale of real property under a trust deed securing a $7,000 promissory note given by plaintiffs to defendants Andrew and Elane Roberts. Plaintiffs alleged the note was usurious and that no part of it had been paid. The trial court issued a temporary restraining order halting the sale, conditioned upon plaintiffs paying defendants the principal...

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