BISNO v. KAHN

Nos. A133537, A134008.

225 Cal.App.4th 1087 (2014)

170 Cal. Rptr. 3d 709

ROBERT H. BISNO, Plaintiff and Appellant, v. ROBERT J. KAHN et al., Defendants and Respondents. JAMES C. COXETER, Plaintiff and Appellant, v. ROBERT J. KAHN et al., Defendants and Respondents.

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

April 25, 2014.


Attorney(s) appearing for the Case

Berger Kahn , David B. Ezra ; and Mark F. Marnell for Plaintiff and Appellant Robert H. Bisno.

Jackson DeMarco Tidus & Peckenpaugh, Lawrence R. Resnick , Gregory P. Regier and Yael Tobi for Plaintiff and Appellant James C. Coxter.

Law Offices of Robert Kahn, Robert J. Kahn ; Ferguson & Berland and William S. Berland for Defendants and Respondents.


OPINION

McGUINESS, P. J.

These appeals present the question of whether California's usury law applies to a judgment creditor's agreement to forbear collecting on a judgment. In the actions below, certain judgment creditors agreed to delay executing on their judgments in exchange for the payment of forbearance fees in addition to statutory postjudgment interest of 10 percent on the unpaid balance of the judgments. The judgment debtors...

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