Legal Opinion
Lee v. Marchetti
California Court of Appeal
Decided February 4, 1970No. Civ. 1183PublishedCited by 7 opinions
1Opinion of the Court
Opinion
GARGANO, J.
Appellants brought this action against respondents in the court below to recover treble damages for an allegedly usurious loan. After issue was joined on the complaint respondents successfully moved for a summary judgment resulting in a dismissal of the action. But, “once again, the temptation to cut the Gordian knot of involved litigation by resort to a summary judgment has proven erroneous.” (Silver Land & Development Company v. California Land Title Company, 248 Cal.App.2d 241, 242 [56 Cal.Rptr. 178].) In other words, when the numerous transactions involved in this case…
2Cases cited8 opinions
- Eagle Oil & Refining Co. v. PrenticeCalifornia Supreme Court · 1942
- Janisse v. Winston Investment Co.California Court of Appeal · 1957
- Kimber v. JonesCalifornia Court of Appeal · 1954
- Albermont Petroleum, Ltd. v. CunninghamCalifornia Court of Appeal · 1960
- Johnson v. BanducciCalifornia Court of Appeal · 1963
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3Cited by7 opinions
- Forte v. NolfiCalifornia Court of Appeal · 1972
- In re Arce Riverside, LLCUnited States Bankruptcy Court, N.D. California · 2015
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- Ochoa v. T.M Duche Nut Co. CA5California Court of Appeal · 2020
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