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WOLSKI v. FREMONT INV. & LOAN

No. G033169.

22 Cal.Rptr.3d 582 (2004)

Daniel R. WOLSKI, Plaintiff and Appellant, v. FREMONT INVESTMENT & LOAN et al., Defendants and Respondents.

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

Rehearing Granted January 14, 2005.

Attorney(s) appearing for the Case

Lakeshore Law Center, Jeffrey Wilens, Yorba Linda; Law Offices of Jeffrey P. Spencer, Jeffrey P. Spencer; Law Offices of Michael F. Creamer and Michael F. Creamer for Plaintiff and Appellant.

Call, Jensen & Ferrell, Scott J. Ferrell, Elizabeth K. Penfil, Melinda Evans and Wayne W. Call, Newport Beach, for Defendants and Respondents.

OPINION

RYLAARSDAM, ACTING P.J.

In a case of first impression, we are asked to decide whether a yield spread premium (YSP) paid in connection with a residential mortgage loan is included in the definition of points and fees payable by a borrower at or before closing under the predatory lending law (Fin.Code, § 4970 et seq.; all further statutory references are to this code unless otherwise stated). In sustaining without leave to amend the demurrer of...

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