Legal Opinion
Garcia v. Wetzel
California Court of Appeal
Decided September 11, 1984No. Civ. 53939PublishedCited by 12 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
Simon Garcia and Odelia Garcia, his wife, appeal1 from a summary judgment in favor of the respondent Wetzel. We affirm the judgment on the basis that the Legislature intended the exemption of the usury provision of the state Constitution (art. XV, § 1, amended Nov. 6, 1979), as clarified by Civil Code section 1916.1 (Stats. 1983, ch. 307, §§ 1, 2), to apply to real estate brokers who, acting as principals, make unsecured loans.
A summary judgment is proper only if there is no triable issue of fact and, as a matter of law, the moving party is entitled to judgment. (Code…
2Cases cited9 opinions
- Corwin v. Los Angeles Newspaper Service Bureau, Inc.California Supreme Court · 1971
- Methodist Hosp. of Sacramento v. SaylorCalifornia Supreme Court · 1971
- Froid v. FoxCalifornia Court of Appeal · 1982
- Chapman v. FarrCalifornia Court of Appeal · 1982
- Merrifield v. EdmondsCalifornia Court of Appeal · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blankenheim v. E. F. Hutton & Co.California Court of Appeal · 1990
- Wagner v. Glendale Adventist Medical CenterCalifornia Court of Appeal · 1989
- Winnett v. RobertsCalifornia Court of Appeal · 1986
- Stickel v. HarrisCalifornia Court of Appeal · 1987
- Steele v. TotahCalifornia Court of Appeal · 1986
7 more not listed; retrieve them via the Exa API.