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By
Cherrie Anne E. Villahermosa
Variety News Staff
A FATHER has
sued his son for breach of contract for failing to repay a $161,000 loan.
Jose C. Cabrera, through attorney Robert T. Torres, filed the complaint
in Superior Court against Francisco C. Cabrera.
The complaint stated that Francisco Cabrera approached his father in April
2001 for a loan to investigate the purchase of a condominium
in Hawaii.
Francisco Cabrera told his father that he needed $161,846.42 immediately.
He promised that if the funds were advanced to him, he would repay the
entire amount within three years, the complaint stated.
He proposed to secure the loan with a real property in San Jose.
According to the complaint, Francisco Cabrera stated that if he could
not repay the loan, the father could take the San Jose property.
Upon agreeing to these terms and conditions, Francisco Cabrera received
the money from the plaintiff.
The complaint stated that a promissory note detailing the repayment terms
was prepared for Francisco Cabreras execution but he did not execute
the promissory note, did not provide collateral for the loan or make payments
to repay amounts advanced.
Francisco Cabrera failed to repay the loan and was arrears in the total
principal amount of $161,486.42 as of April 1, the complaint stated.
His father is seeking actual, compensatory, consequential and incidental
damages, accrued interest and cost of collection against his son.
The father is also asking for reasonable attorneys fees and cost
of suit and for such other and further relief as the court deems just
and proper.
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