GHIRARDO v. ANTONIOLI

Docket No. S032435.

8 Cal.4th 791 (1994)

883 P.2d 960

35 Cal. Rptr.2d 418

EDWARD T. GHIRARDO et al., Plaintiffs, Cross-defendants and Respondents, v. RONALD F. ANTONIOLI et al., Defendants, Cross-complainants and Appellants.

Supreme Court of California.

November 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Richard A. Hirsch for Defendants, Cross-complainants and Appellants.

Howard, Rice, Nemerovski, Canady, Robertson & Falk, Steven E. Schon, Laurence F. Pulgram, Bowles & Verna, Richard T. Bowles, K.P. Dean Harper and Thomas G.F. Del Beccaro for Plaintiffs, Cross-defendants and Respondents.


OPINION

BAXTER, J.

This case demonstrates the complexity, uncertainty, and sometimes unexpected results of California's usury law. The owners of undeveloped real property sold it to a prospective developer and received a promissory note and deed of trust to the property. The new owner sold it to another buyer, who purchased it subject to that note and deed of trust. No one contends either of these transactions was usurious. A payment...

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