What is the test for applying a de novo review to the question of whether a transaction was usurious?

California, United States of America


The following excerpt is from Harustak v. Wilkins, 100 Cal.Rptr.2d 718, 84 Cal.App.4th 208 (Cal. App. 2000):

The application of the law to a set of facts is also subject to independent review when the issue "can have practical significance far beyond the confines of the case then before the court." (Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 801 [applying a de novo review to the question of whether a transaction was usurious].) The rationale is that "[i]f such questions were effectively removed from the consideration of the appellate courts, the development and clarification of . . . important issues . . . would be impeded." (Ibid.)

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