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JONES v. WELLS FARGO BANK

No. B166655.

5 Cal.Rptr.3d 835 (2003)

112 Cal.App.4th 1527

Michael JONES, Plaintiff and Appellant, v. WELLS FARGO BANK et al., Defendants and Respondents.

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

October 31, 2003.

Attorney(s) appearing for the Case

Osborn & Associates and Richard G. Osborn, Los Angeles, for Plaintiff and Appellant.

Ervin, Cohen & Jessup, Randall S. Leff and Andres F. Quintana, Beverly Hills, for Defendants and Respondents Wells Fargo Bank and Lauren L. Reager, M.D.

Litwak & Havkin and Stella A. Havkin, for Defendant and Respondent PPM III, L.P.

Law Offices of Phillip E. Koehnke and Phillip E. Koehnke, San Diego, for Defendants and Respondents David Wolfe and Public Properties Management, Inc.

EPSTEIN, J.

Plaintiff Michael Jones appeals from a judgment of dismissal following the sustaining of a demurrer in a suit involving a shared appreciation loan made to a partnership of which he is a limited partner. Jones alleged that the loan and a later forbearance agreement were usurious, unconscionable, and unfair, and that arranging them breached defendants' fiduciary duty to the partnership and its limited partners...

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