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Which state the SOL applies?


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A California Consumer Defense Attorney said that most credit card companies incorporated in Delaware for a reason:  This state doesn't have a cap limits for the interest rates charged on credit cards, so the credit card business is more profitable there.  However, Delaware has 3 years Statute of Limitations.  Often, the credit card Agreement has a "Choice of State Laws" provision, in which the credit card company would chose Delaware as the choice of state laws so that they can charge whatever interest rate they want. 

 

So, if a California consumer is sued by a credit card company that is incorporated in Delaware (Chase, BOA, Capital One, Discover, to name a few), the SOL should be 3 years instead of 4.

 

Any member here can confirm? If the above is true, what is CA case-law we can use?  I only know of a New York case law Portfolio Recovery v. King. 

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@collectionfighter

I used this case, too. Hambrecht & Quist Venture Partners v. American Med. Int'l, Inc., 38 Cal. 4th 1532, 46 CR2d 33, 38 C.A.4th 1532 (1995). http://scholar.google.com/scholar_case?case=4763613297294907471&q=hambrecht+%26+quist+venture+v+am+med&hl=en&as_sdt=6,47

 

'In light of the broad meaning of "law" and of its interpretation by the courts and the Restatement to include the statutes of limitations, we find that the August agreement incorporated Delaware's statutes of limitations. We therefore decline plaintiffs' invitation to read the choice-of-law provision as if it incorporated only the substantive law of Delaware, i.e., excluded Delaware procedural law. Although statutes of limitations may be viewed as procedural rather than substantive in some contexts, the choice-of-law clause in this case does not make a distinction along those lines. It simply incorporates the "laws" of Delaware without using any adjectives or other qualifiers. Moreover, even if the clause could be read to exclude Delaware procedural law, it does not follow that the statutes of limitations would be excluded.[7] In any event, we will not read into the agreement's unqualified language a restriction that the parties could easily have inserted but failed to include.[8]'

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