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  5. 214 Cal.App.3d 1427 (1989)
 

MARK McDOWELL CORPORATION v. LSM 128

Docket No. D008774.

214 Cal.App.3d 1427 (1989)

263 Cal. Rptr. 310

MARK McDOWELL CORPORATION, Plaintiff and Respondent, v. LSM 128, Defendant and Appellant.

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

October 24, 1989.

Attorney(s) appearing for the Case

COUNSEL

Good, Wildman, Hegness & Walley and Douglas M. Vickery for Defendant and Appellant.

Corona, Balistreri & Ramseyer, Corona & Prager and Jack A. Balistreri for Plaintiff and Respondent.

OPINION

TODD, J.

This case presents the single issue of whether, under present California usury law, where an agreement is found to provide a usurious rate of interest, the court may award the creditor the 10 percent rate of interest prescribed by Civil Code section 3289, subdivision (b),1 from the date of the breach. LSM 128, a limited partnership (LSM), appeals after the trial court entered a judgment...

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