SCHWEITZER v. WESTMINSTER INVESTMENTS

Nos. D049589, D049616.

69 Cal.Rptr.3d 472 (2007)

157 Cal.App.4th 1195

Ingo SCHWEITZER, Plaintiff and Appellant, v. WESTMINSTER INVESTMENTS et al. Defendants and Appellants.

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

December 13, 2007.


Attorney(s) appearing for the Case

Michael V. Hesse, Riverside, for Plaintiff and Appellant Ingo Schweitzer.

Edmund G. Brown, Jr., Attorney General, Albert Norman Shelden, Assistant Attorney General, Ronald A. Reiter and Seth E. Mermin, Deputy Attorneys General, for the State of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Turner & Maasch, Mark A. Maasch, San Diego; U.S.D. School of Law and Shaun P. Martin, San Diego, for Defendants and Appellants.

June Babiracki Barlow and Neil D. Kalin, Los Angeles, for California Association of Realtors as Amicus Curiae on behalf of Defendants and Appellants.


McDONALD, J.

The Home Equity Sales Contracts Act (Civ.Code, § 1695 et seq, "HESC")1 was enacted to protect homeowners faced with mortgage foreclosure proceedings from being victimized by persons employing oral and written misrepresentations, intimidation, and other unreasonable commercial practices to induce the homeowners to sell their homes for a fraction of their fair market values and lose the equity in the home. (Boquilon...

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