What are the elements of a claim for usury and fraud?
MultiRegion, United States of America
The following excerpt is from Matracia v. JP Morgan Chase Bank, NO. CIV. 2:11-190 WBS JFM (E.D. Cal. 2011):
To the extent plaintiffs attempt to state a claim for "usury and fraud," the claim also fails. The elements of a claim for usury are: "(1) The transaction must be a loan or forbearance; (2) the interest to be paid must exceed the statutory maximum; (3) the loan and interest must be absolutely repayable by the borrower; and (4) the lender must have a willful intent to enter into a usurious transaction." Ghirardo v. Antonioli, 8 Cal. 4th 791, 798 (1994).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
What is the test for a claim of fraud under the Federal Fraud Act? (MultiRegion, United States of America)
What are the elements of mail fraud and wire fraud? (MultiRegion, United States of America)
How have the courts interpreted the statute of fraud in cases involving fraud claims? (MultiRegion, United States of America)
What are the elements of mail fraud and how have the elements been defined? (MultiRegion, United States of America)
Does the purchaser-seller standing limitation of Rule 10b-5 apply to a RICO claim when the act of fraud is based on acts of securities fraud? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
What are the "indispensable elements" of a fraud claim? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
