Del Mar v. Caspe

Opinion

CAPACCIOLI, J.

Statement of the Case

Plaintiff Dorothy Del Mar filed an action against defendant Dennis G. Caspe as executor of the estate of decedent Ole Mohus, seeking treble the amount of allegedly usurious interest she paid to the estate on three promissory notes. She now appeals from a judgment entered after the trial court found that the notes were not usurious. On appeal, she claims the notes were usurious.

Defendant cross-appeals from a postjudgment order denying his motion for an award of attorney’s fees based on fee provisions in the notes. (Code Civ. Proc., § 904.1, subd. (b).)

W…