representativematter

Afrooz v. Betpolous

Santa Clara Superior Court – 1 day, May 2004. Represented plaintiff in a collection action on a oral loan agreement.  Defendant contested not only the agreement itself, but also contended that the agreement was barred by the applicable statute of limitations (some six years elapsed between the ostensible breach of that agreement and the filing of the complaint). Plaintiff contended that the defendant was equitably estopped from asserting the limitations defense. Court trial found for plaintiff, further finding that the defendant was estopped from asserting the limitations defense. Damages awarded of $50,000.00 on loan itself, with $61,000.00 of accrued interest after the date of the making of the contract.