PEOPLE EX REL. OWEN v. MIAMI NATION ENTERPRISES

No. S216878.

2 Cal.5th 222 (2016)

THE PEOPLE ex rel. JAN LYNN OWEN, as Commissioner, etc., Plaintiff and Appellant, v. MIAMI NATION ENTERPRISES et al., Defendants and Respondents.

Supreme Court of California.

December 22, 2016.


Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Edward C. DuMont , State Solicitor General, Janill L. Richards , Principal Deputy State Solicitor General, Sara J. Drake , Assistant Attorney General, Jennifer T. Henderson , Timothy M. Muscat and William P. Torngren , Deputy Attorneys General; Uche L. Enenwali and Mary Ann Smith for Plaintiff and Appellant.

Seth E. Mermin , Thomas Bennigson , Daniel Osborn and Celine Cutter for Center for Responsible Lending, Community Legal Services in East Palo Alto, Housing and Economic Rights Advocates, Law Foundation of Silicon Valley, East Bay Community Law Center and Public Good Law Center as Amici Curiae on behalf of Plaintiff and Appellant.

Fredericks, Peebles & Morgan, John Nyhan , Nicole E. Ducheneaux , Conly J. Schulte ; Dorsey & Whitney and Vernle C. ("Skip") Durocher, Jr. , for Defendants and Respondents.


OPINION

The practice of short-term deferred deposit lending — often called "payday" or "cash advance" lending — generally involves small sums that become due on the borrower's next payday. In return for the loan, the borrower provides the lender with a personal check for the amount of the loan plus fees...

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