1)
Defendant JCLS & Associates Inc., Philip Fusco, John Devito and Lorilyn Hayes Motion for Summary Judgment
Defendants’ request for judicial notice is granted as to Exhibit C and denied as to the remaining exhibits as improper or superfluous. The declarations of Kimes and Van will be considered as any other declaration filed in connection with this motion but will not be judicially noticed.
The court overrules defendants’ objections to the Declaration of Robert Thompson. Evid. Code §§ 1202 and 1220.
The court does not rule on plaintiffs’ objections to the Declaration of Lorilyn Hayes as the objections were not material to the court’s disposition of the motion.
Defendants move for summary judgment on the following theories:
The loans were not usurious because they were arranged by Hayes, a licensed real estate broker.
Plaintiff lacks standing to pursue a § 17200 claim because he cannot show an “injury in fact.”
Plaintiff’s claim is barred by the statute of limitations.
The individual d