DE LA TORRE v. CASHCALL, INC.

No. S241434.

5 Cal.5th 966 (2018)

EDUARDO DE LA TORRE et al., Plaintiffs and Appellants, v. CASHCALL, INC., Defendant and Respondent.

Supreme Court of California.

August 13, 2018.


Attorney(s) appearing for the Case

The Strudevant Law Firm, James C. Sturdevant ; Rukin Hyland Doria & Tindall, Gibbs Law Group, Steven M. Tindall , Andre M. Mura ; Rukin Hyland , Rukin Hyland & Riggin, Jessica Riggin ; Law Offices of Damon M. Connolly, Damon M. Connolly ; Law Office of Arthur D. Levy and Arthur D. Levy for Plaintiffs and Appellants.

Xavier Becerra , Attorney General, Nicklas A. Akers , Assistant Attorney General, Michele Van Gelderen and Michael Reynolds , Deputy Attorneys General, for Attorney General of the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Caryn Becker ; Seth E. Mermin , Brady C. Williams ; Williams Cuker Berezofsky , Berezofsky Law Group, Michael J. Quirk ; Ellen Harnick ; and Scott L. Nelson for Center for Responsible Lending, National Association of Consumer Advocates, Public Citizen, Inc., and Public Good Law Center as Amici Curiae on behalf of Plaintiffs and Appellants.

Manatt, Phelps & Phillips, Brad W. Seiling , Donald R. Brown and Joanna S. McCallum for Defendant and Respondent.

Morrison & Foerster, James R. McGuire and Nancy R. Thomas for California Financial Service Providers Association, Financial Service Centers of America, Community Financial Services Association of America and Online Lenders Alliance as Amici Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand ; Ericka C. Frank and Heather L. Wallace for the Civil Justice Association of California and the California Chamber of Commerce as Amici Curiae on behalf of Defendant and Respondent.


OPINION

Under California law, can a loan contract include an interest rate term so high that it is "`"unreasonably and unexpectedly harsh,"'" "`"unduly oppressive,"'" or "`"so one-sided as to shock the conscience"'"'"? (Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899

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