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GARVER v. BRACE

Docket No. B092376.

47 Cal.App.4th 995 (1996)

JAMES A. GARVER et al., Plaintiffs and Appellants, v. WILLIAM A. BRACE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

July 25, 1996.

Attorney(s) appearing for the Case

COUNSEL

Hill & Sanford, Gary J. Hill and Timothy J. Trager for Plaintiffs and Appellants.

Fell, Marking, Abkin & Montgomery, Frederick W. Montgomery and Craig S. Granet for Defendants and Respondents.

OPINION

YEGAN, J.

In June 1989, appellants James and Georgann Garver (buyers) purchased real property and signed a promissory note containing a prepayment fee clause which is payable to respondents William and Marylou Brace (sellers). In November 1993, the buyers prepaid the note, incurring a fee of over $180,000. They seek restitution of the prepayment fee on the grounds, among others, that it violates Civil Code section 2954.9,...

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