Legal Opinion
Guthmann v. La Vida Llena
New Mexico Supreme Court
Decided November 21, 1985No. 15809PublishedCited by 57 opinions
1Opinion of the Court
OPINION
WALTERS, Justice.
Plaintiff H.J. Guthmann, personal representative of Kathleen MacKay, deceased, sought a refund of the entrance fee paid by Mrs. MacKay to defendant LaVida Llena (LVL), a non-profit, life-care retirement center. Guthmann’s complaint alleged that the Residence Agreement requiring the entrance fee is unconscionable and an unenforceable adhesion contract. The trial court found for the defendant and Guthmann appeals. We affirm.
Kathleen MacKay was 79 years old, with a life expectancy of 7-9 years, when she began looking for a retirement/life-care facility. She visited and…
2Cases cited20 opinions
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- Steven v. Fidelity & Casualty Co.California Supreme Court · 1962
- In re Estate of FriedmanAppellate Division of the Supreme Court of the State of New York · 1978
- Smith v. PRICE'S CREAMERIES, DIV., ETC.New Mexico Supreme Court · 1982
- Jones v. Star Credit Corp.New York Supreme Court · 1969
15 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Melody Home Manufacturing Co. v. BarnesTexas Supreme Court · 1987
- M & I First National Bank v. Episcopal Homes Management, Inc.Court of Appeals of Wisconsin · 1995
- Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
- Rivera v. American General Financial Services, Inc.New Mexico Supreme Court · 2011
- Fiser v. Dell Computer CorporationNew Mexico Supreme Court · 2008
52 more not listed; retrieve them via the Exa API.