Legal Opinion
Carboni v. Arrospide
California Court of Appeal
Decided December 27, 1991No. A050612PublishedCited by 38 opinions
1Opinion of the Court
Opinion
WHITE, P. J.
In this case we consider whether a secured note providing for interest at a rate of 200 percent per annum is unconscionable. In the circumstances presented here, we conclude that it is.
I
Facts
The evidence at trial established that on July 27, 1988, George Arrospide, Jr., signed a $4,000 note and deed of trust on behalf of his father, Jorge Arrospide, Sr., as his attorney in fact. The note was made in favor of Michael Carboni, a licensed real estate broker. It carried an interest rate of 200 percent per annum, was due in three months, and was secured by a fourth deed of trust…
2Cases cited15 opinions
- Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
- A & M PRODUCE CO. v. FMC Corp.California Court of Appeal · 1982
- Perdue v. Crocker National BankCalifornia Supreme Court · 1985
- Dean Witter Reynolds, Inc. v. Superior CourtCalifornia Court of Appeal · 1989
- Jones v. Star Credit Corp.New York Supreme Court · 1969
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3Cited by38 opinions
- Navellier v. SlettenCourt of Appeals for the Ninth Circuit · 2001
- Kinney v. United Healthcare Services, Inc.California Court of Appeal · 1999
- Edwin R. O'Neill v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Morris v. Redwood Empire BancorpCalifornia Court of Appeal · 2005
- California Grocers Assn. v. Bank of AmericaCalifornia Court of Appeal · 1994
33 more not listed; retrieve them via the Exa API.