Homani v. Iranzadi

Facts

Plaintiff and Defendant were brothers-in-law and had been involved in various business dealings together in Iran and the United States. On January 9, 1984, Plaintiff wrote a check for $250,000.00 to California Land Title to fund a real estate transaction on behalf of Defendant. The $250,000.00 loan was evidenced by two promissory notes in the amount of $125,000.00 each dated March 22, 1984. Each note provided that it was all due and payable in two years and it would bear no interest. One note was secured by property known as “Pinehill” and the other by property called “Outlook.” Defendant granted Plaintiff a power of attorney pursuant to which Plaintiff frequently wrote checks for Defendant. On March 25, 1984, Plaintiff signed a check to himself for $2,104.68 on Defendant’s account, which stated that it was for interest to March. According to the Plaintiff, this amount represented the interest lost to him by keeping the $250,000.00 accessible for two and a half months. He said that Defendant had agreed to pay him the difference between the interest he was earning in his regular bank account and the 12% he would be receiving from Defendant. These checks continued for about a year. The total amount paid to Plaintiff by Defendant was $39,324.68. On March 18, 1985, Plaintiff and Defendant signed an agreement modifying each of the promissory notes. The modification stated that the notes should be paid on or before September 22, 1985 and should bear no interest until June 22, 1985. On June 22, 1985 interest shall commence at the rate of 18% and the interest shall be payable monthly commencing on July 22, 1985 and continue monthly thereafter. Two more payments were made and then no further payments were made. On August 14, 1985, Plaintiff filed notices of default and foreclosures were commenced on both the properties. Defendant found a buyer for the Pinehill property and Plaintiff was paid through that escrow the full principle balance of $125,000.00 plus interes t. Defendant reserved the right to claim a credit for $40,000.00 against the second note. The Outlook property sold and Plaintiff submitted a demand for the full $125,000.00 plus interest. Defendant claimed that he had paid $39,324.68 on the principle balance. Plaintiff filed suit, alleging breach of contract. Defendant filed a cross complaint for declaratory relief alleging that he paid $39,324.68 towards the principle and seeking a determination of rights as to the money held in trust. Defendant also pleaded a cause of action for conversion of the $39,324.68 and prayed for compensatory relief and punitive damages against Plaintiff. Plaintiff testified at trial that he and Defendant orally agreed on an interest rate of 12% and that Defendant would not report interest paid and Plaintiff would not have to report receiving the income. Defendant claimed that he and Plaintiff had never discussed interest on the loan and that interest was not charged in family dealings. The trial court fou nd that the payment represented interest, therefore Defendant still owed Plaintiff the amount on the loan.