Smith v. Tang CA3
Plaintiff Jefferson G. Smith bought real property in a credit sale transaction promising to pay sellers Mov Hok Tang and Lynn Muy Tang over time. Plaintiff was unable to pay and lost the property in a nonjudicial foreclosure. He sued the sellers for usury, rescission of the trustee’s sale, breach of the covenant of good faith and fair dealing, and unfair business practices -- all based on plaintiff’s contention that a modification of the credit sale agreement was a “forbearance” subjecting the transaction to (and violating) usury laws proscribing interest rates exceeding specified limits. (Cal. Const., art. XV, § 1; Civ. Code, §§ 1916.12-1 to 1916.12-5.) Plaintiff appeals from summary judgment entered in favor of the sellers contending triable issues require reversal. We affirm the judgment.
Comments on Smith v. Tang CA3