Jones

Jones v. Wells Fargo Bank

Good Law
112 Cal. App. 4th 1527·2003 Cal. App. LEXIS 1640·2003 Daily Journal DAR 12008·5 Cal. Rptr. 3d 835·2003 Cal. Daily Op. Serv. 9553
Court of Appeal of CaliforniaOctober 31, 2003B166655California4,505 words

Opinion

Opinion

Epstein, J.

Plaintiff Michael Jones appeals from a judgment of dismissal following the sustaining of a demurrer in a suit involving a shared appreciation loan made to a partnership of which he is a limited partner. Jones alleged that the loan and a later forbearance agreement were usurious, unconscionable, and unfair, and that arranging them breached defendants’ fiduciary duty to the partnership and its limited partners. The trial court sustained the defendants’ demurrer to all causes of action, without leave to amend. We find no error in the trial court’s ruling. We affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Jones is a limited partner of PPM III Partnership LP (PPM III), a Tennessee limited partnership. Defendants include Wells Fargo Bank, as trustee of the Lauren L. Reager, M.D. Pension Plan Trust (Reager Trust); Lauren L. Reager (Reager), an individual and beneficiary of the Reager Trust; Public Properties Management, Inc. (Public), a corporation that is the managing general partner of PPM III; and David Wolfe, an individual alleged to be a limited partner of PPM III and a corporate officer and controlling stockholder of Public (collectively, defendants).

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