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ROES v. WONG

No. D026021.

81 Cal.Rptr.2d 596 (1999)

69 Cal.App.4th 375

John ROES, Plaintiff and Appellant, v. William WONG et al., Defendants and Appellants.

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

January 20, 1999.

Attorney(s) appearing for the Case

Fagan & Fagan, Craig P. Fagan and Stuart E. Fagan, San Diego, for Plaintiff and Appellant.

Purdy & Herron, Charles E. Purdy IV, San Diego, and T. Hall Brehme IV, Los Angeles, for Defendants and Appellants.

McINTYRE, J.

The question presented here is whether a junior lienholder in real property, who assumes senior indebtedness to preserve his equity in that property, is entitled to assert the usury laws against the senior lenders. Applying the constitutional and statutory prohibitions against usury, which are for the benefit of the borrower or a personal representative of the borrower, we answer this question in the negative.

FACTUAL AND PROCEDURAL BACKGROUND...

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