SmartBrief
Confirm favorite deletion?
California Civil Procedure, Keyed to Levine, 6th Ed.
Brack v. Omni Loan Co.
Citation:
164 Cal. App. 4th 1312, 80 Cal. Rptr. 3d 275 (2008)Facts
Joshua Brack, a nonresident military member stationed at Camp Pendleton, applied for a loan from Omni Loan Company, a Nevada corporation operating offices in Oceanside and San Diego, California. Omni made consumer loans exclusively to nonresident military personnel in California without obtaining a license required under California’s Finance Lenders Law. The Commissioner of Corporations had repeatedly refused Omni’s requests for permission to operate without a license, distinguishing Omni’s substantial California business presence from a competitor (Pioneer) that had received such permission. Brack completed his loan application at Omni’s Oceanside office, was not advised of the 34.89% annual interest rate until presented with the loan agreement, and the loan was secured by personal property with additional charges. The loan agreement contained a choice-of-law provision stating the contract would be governed by Nevada law. Brack repaid his loan in October 2002 and filed a class action in December 2003 alleging Omni violated California’s Finance Lenders Law by operating without a license and failing to display required interest rate schedules.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.