Dvorin v. Appellate Department

Opinion

CLARK, J.

Plaintiff executed a promissory note to defendant. Interest—calculated for the full term—was prepaid at execution. Plaintiff repaid the principal before maturity and filed a complaint in municipal court to recover unearned interest. Defendant alone moved for summary judgment and the motion was granted. Plaintiff appealed to the appellate department of the superior court. The latter reversed, additionally directing the municipal court to enter judgment in favor of plaintiff. The appeal was certified to the Court of Appeal, but it denied transfer. Defendant filed the instant…