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IMPERIAL MERCHANT SERVICES, INC. v. HUNT

No. S163577.

47 Cal.4th 381 (2009)

IMPERIAL MERCHANT SERVICES, INC., Plaintiff and Appellant, v. BRANDY G. HUNT, Defendant and Appellant.

Supreme Court of California.

August 10, 2009.

Attorney(s) appearing for the Case

Law Offices of Clark Garen and Clark Garen for Plaintiff and Appellant.

Hefner, Stark & Marois and Ronald H. Sargis for California Association of Collectors, Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

Paul Arons; The Berg Law Group, Irving L. Berg; Horwitz, Horwitz & Associates and O. Randolph Bragg III for Defendant and Appellant.

OPINION

CHIN, J.—

Civil Code section 17191 permits a payee seeking to recover on a dishonored check to collect a service charge, or treble the amount of the dishonored check if certain statutory requirements are met. Section 3287 governs the award of prejudgment interest on damages. We granted a request by the United States Court of Appeals for the Ninth Circuit (Cal. Rules of Court, rule 8.548) to decide...

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