Orcilla v. Big Sur, Inc.
California Court of Appeal
244 Cal. App. 4th 982 (2016)
Relevant factsFree
The Orcillas, non-native English speakers, refinanced their home based on preprinted English forms and the lender's assurance they could afford payments despite Mrs. Orcilla disclosing only $3,000 monthly income, ending up with a $525,000 adjustable-rate loan starting at roughly $4,200 monthly, and after default the property was sold to Big Sur at a trustee's sale.
IssueFree
Whether a contract may be unenforceable if it is both procedurally and substantively unconscionable.