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Orcilla v. Big Sur, Inc.

244 Cal. App. 4th 982 (2016)

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Orcilla v. Big Sur, Inc.

California Court of Appeal
244 Cal. App. 4th 982 (2016)

Facts

In response to a mailing from a loan company, Teodora Orcilla (plaintiff) agreed to refinance the home where she lived with her husband and three minor grandchildren. Orcilla did not speak English as her first language, and the refinancing forms were all preprinted forms in English. Orcilla told the lender that the family's total monthly income was $3,000, but the lender assured her that she could afford the new loan payments. The new loan was a $525,000 adjustable-rate mortgage with payments that started at approximately $4200 per month. Orcilla eventually defaulted on the loan. Under the terms of the refinance contract, the property was sold to Big Sur, Inc. (defendant) in a trustee’s sale. Orcilla filed a lawsuit in California state court to set aside the sale, arguing that the refinance contract was not enforceable because it was unconscionable. The trial court dismissed the complaint for failing to state a valid claim as a matter of law. Orcilla appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Premo, J.)

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