Brack v. Omni Loan Co.

164 Cal. App. 4th 1312, 80 Cal. Rptr. 3d 275 (2008)

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Brack v. Omni Loan Co.

California Court of Appeal
164 Cal. App. 4th 1312, 80 Cal. Rptr. 3d 275 (2008)

JL

Facts

Joshua Brack (plaintiff) borrowed money from Omni Loan Company, Ltd. (Omni) (defendant), a Nevada corporation. Brack lived in California and obtained the loan from an Omni office in California. The loan included a $104.63 charge for property insurance, a prepaid finance charge, and a 34.89 percent interest rate. Omni did not prominently display a full and accurate schedule of interest rates and other charges in the California office. The loan agreement included a choice-of-law provision that said Nevada law governed the transaction. Brack brought a class action lawsuit against Omni, alleging that the loan violated the California Finance Lenders Law. Omni claimed that the loan agreement’s choice-of-law provision should be enforced, meaning California law would not apply to Omni. The trial court agreed and entered judgment for Omni. Brack appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Benke, J.)

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