Legal Opinion
Bock v. California Capital Loans, Inc.
California Court of Appeal
Decided May 14, 2013No. C069863PublishedCited by 1 opinion
1Opinion of the Court
Opinion
ROBIE, Acting P. J.
In California, a loan secured by a lien on real property is exempt from the constitutional prohibition on usury if the loan is made or arranged by a licensed real estate broker. (Cal. Const., art. XV, § 1; Civ. Code, 1 § 1916.1.) Section 1916.1 explains that “a loan ... is arranged by a person licensed as a real estate broker when the broker . . . acts for compensation or in expectation of compensation for soliciting, negotiating, or arranging the loan for another . . . .”
In this case, we conclude that even when the lender on such a loan is a corporation that is…
2Cases cited9 opinions
- Mesler v. Bragg Management Co.California Supreme Court · 1985
- Grosset v. WenaasCalifornia Supreme Court · 2008
- Winnett v. RobertsCalifornia Court of Appeal · 1986
- Stickel v. HarrisCalifornia Court of Appeal · 1987
- Creative Ventures, LLC v. Jim Ward & AssociatesCalifornia Court of Appeal · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Arce Riverside, LLCUnited States Bankruptcy Court, N.D. California · 2015