On March 28, 2019, Margaret Eldred Camara (Plaintiff) filed a lawsuit against Charles Larson (Defendant) alleging one cause of action for breach of contract.
The parties’ dispute centers around a promissory note (the Note) in the sum of $45,600 between Nick Fusco and Defendant, which Note Mr. Fusco later assigned to Plaintiff. Under the Note, Defendant was to make monthly payments of $800 on the 15th of each month, with the first payment due on April 15, 2014.
The Note was to be secured by, among other things, a prior installment note recorded on January 31, 2008 (the Installment Note). The Installment Note provided funds ($50,000.00) for the construction of a home on real property located at 850 Taft Street in Pismo Beach, California. The Installment Note was itself secured by a deed of trust recorded against Defendant’s real property located at 861 Visalia in Pismo Beach, California.
The Note also contained an acceleration clause1 as well as an attorney’s fees provision2.
Defendant f