SmartBrief
Confirm favorite deletion?
Contracts Keyed to Knapp
De La Torre v. CashCall, Inc.
Citation:
5 Cal. 5th 966, 236 Cal. Rtpr. 3d 353, 422 P.3d 1004 (Cal. 2018)Facts
CashCall, Inc. specialized in making unsecured loans to high-risk borrowers with low credit scores who were experiencing financial stress. One of CashCall’s signature products was an unsecured $2,600 loan, payable over a 42-month period, carrying an annual percentage rate of either 96% or 135%. CashCall attracted borrowers through television advertisements capitalizing on viewers’ need for quick money. The plaintiffs, Eduardo De La Torre and Lori Saysourivong, took out such loans and brought a class action lawsuit against CashCall. They did not allege that CashCall’s advertising was deceptive or that CashCall failed to disclose the loan terms accurately. Instead, they claimed that CashCall violated California’s Unfair Competition Law because the interest rates on the loans were unconscionable under Financial Code § 22302. The district court certified a class of borrowers who took out loans from CashCall of $2,500 to $2,600 at interest rates of 90% or higher.
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.
Topic Resources
6m 28sTopic Outline 