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MERTOLA, LLC v. SANTOS

No. CV-17-0109-PR.

422 P.3d 1028 (2018)

MERTOLA, LLC, Plaintiff/Apellant, v. Alberto J. SANTOS, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed July 27, 2018.

Attorney(s) appearing for the Case

James R. Vaughan (argued), Brian K. Partridge , Law Office of James R. Vaughan, P.C., Scottsdale, Attorneys for Mertola, LLC.

Beth K. Findsen , Law Offices of Beth K. Findsen, Scottsdale; Veronika Fabian (argued), Hyung S. Choi, Choi & Fabian, PLC, Chandler, Attorneys for Alberto Santos and Arlene Santos.

Susan Mary Rotkis , Consumer Litigation Associates West, PLLC, Tucson, Attorneys for Amicus Curiae Arizona Chapter of the National Association of Consumer Advocates.

Ellen Sue Katz , Lisa Moore , William E. Morris Institute for Justice, Phoenix, Attorneys for Amicus Curiae Community Legal Services, Southern Arizona Legal Aid and the William E. Morris Institute for Justice.

Gary J. Cohen , Mesch Clark Rothschild, Tucson, Attorneys for Amicus Curiae The National Creditor Bar Association and the Arizona Creditor Bar Association.

JUSTICE BRUTINEL authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES TIMMER, BOLICK, GOULD and LOPEZ joined.

¶ 1 Mertola, LLC, sued Alberto Santos and his wife Arlene Santos (collectively, "Santos") to collect an outstanding credit-card debt. Although the credit-card agreement gave the creditor the option of declaring the debt immediately due and payable upon default, we hold that even if that option was not...

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