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BIANCALANA v. FLEMING

Docket No. H014224.

45 Cal.App.4th 698 (1996)

DAVID BIANCALANA, Plaintiff and Appellant, v. ROBERT J. FLEMING et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

May 17, 1996.

Attorney(s) appearing for the Case

COUNSEL

Comstock, Thompson, Kontz & Brenner, Austin B. Comstock and Jeffrey R. Kirk for Plaintiff and Appellant.

Wyckoff, Richardson, Sanson, Allen, Locke-Paddon, Weldon & Johnson, Robert K. Johnson and Bruce A. Richardson for Defendants and Respondents.

OPINION

PREMO, Acting P.J.

Plaintiff David Biancalana sued defendants Robert J. Fleming, Catherine A. Fleming, and Wee Four Inc., for declaratory relief regarding the enforceability of a prepayment penalty clause in a promissory note. The trial court held that the clause was enforceable, and plaintiff appeals from the judgment. We agree with the trial court's interpretation of the clause and affirm.1<...

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