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WOLSKI v. FREMONT INVESTMENT & LOAN

No. G033169.

25 Cal.Rptr.3d 500 (2005)

127 Cal.App.4th 347

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

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

March 4, 2005.

Attorney(s) appearing for the Case

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

Norma P. Garcia, Costa Mesa, for Consumers Union of the U.S. Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

Kevin D. Stein for California Reinvestment Coalition as Amicus Curiae on behalf of Plaintiff and Appellant.

Barbara Jones, Pasadena, for AARP Foundation Litigation as Amicus Curiae on behalf of 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...

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