Judge Rules That "Repaying Matured Debt Is Not A Breach" - So Why Is This Case Interesting?

Typically, one would expect a lender to argue that a borrower was in breach for failing to repay a note on or after its maturity date. However, a friend recently alerted me to a case in which the lender argued that the borrower was prohibited from...

California Court Of Appeal Says Forum Selection Clause Should Not Be Enforced In Usury Case

Does California's usury limitations constitute a "strong public policy"?  Seemingly, that question was decided over a half-century ago by the First District Court of Appeal in Ury v. Jewelers Acceptance Corp., 227 Cal. App. 2d 11, 20, 38 Cal. Rptr....

Court Finds Promissory Notes Are Not Securities

Yesterday's post concerned the Court of Appeal's decision in People v. Black, 2017 Cal. App. LEXIS 130 (Cal. App. 6th Dist. Feb. 16, 2017). The case involved the criminal prosecution of an individual for making false statements in connection with...

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