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DCM PARTNERS v. SMITH

Docket No. D012685.

228 Cal.App.3d 729 (1991)

278 Cal. Rptr. 778

DCM PARTNERS, Plaintiff and Respondent, v. CHERRILL ANN SMITH, Defendant and Appellant.

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

March 6, 1991.

Attorney(s) appearing for the Case

COUNSEL

Mitchell, Keeney, Barry & Pike and E. Ludlow Keeney, Jr., for Defendant and Appellant.

Miller, Ewald & Monson, Thomas M. Monson and Patricia M. Bailey for Plaintiff and Respondent.

OPINION

WIENER, Acting P.J.

In a municipal court nonjury trial plaintiff DCM Partners (DCM) was awarded $11,912.50 representing the usurious interest paid to defendant Cherrill Ann Smith on a secured promissory note. After the appellate department of the superior court affirmed the judgment, the case was certified to this court under California Rules of Court, rule 63 so that we might...

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