Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A121316
|
Komarova v. National Credit Acceptance, Inc.
Litigation privilege does not protect collection agency against claims alleging violation of Robbins-Rosenthal Fair Debt Collection Practices Act. |
Banking |
|
Jun. 29, 2009 | |
S149178
|
Miller v. Bank of America, NT & SA
Bank may deduct overdrawn amounts and insufficient fund fees from accounts containing deposits for unemployment and disability benefits. |
Banking |
|
Jun. 1, 2009 | |
B208164
|
Neman v. Commercial Capital Bank
Federal Deposit Insurance Corp. is entitled to stay of appeal pending completion of Financial Institutions Reform, Recovery and Enforcement Act’s 180-day time period. |
Banking |
|
Apr. 29, 2009 | |
06-56278
|
McCoy v. Chase Manhattan Bank USA
Bank's retroactive application of discretionary credit card interest rate increase violation of notice required by Truth in Lending Act. |
Banking |
|
Mar. 17, 2009 | |
06-17226
|
Gorman v. Wolpoff & Abramson
Fair Credit Reporting Act allows plaintiff to bring claim against creditor for failure to report continued dispute to credit reporting agencies. |
Banking |
|
Jan. 13, 2009 | |
07-56236
|
Davis v. Pacific Capital Bank N.A.
Flat finance charge that does not vary with term of loan does not fall within definition of 'interest charge.' |
Banking |
|
Dec. 26, 2008 | |
D049805
|
Mills v. U.S. Bank
Plaintiffs have no cause of action where bank deposits checks missing endorsements into customer's account. |
Banking |
|
Sep. 11, 2008 | |
05-1342
|
Watters v. Wachovia Bank
Real estate lending performed by national bank is not subject to state visitorial control. |
Banking |
|
Apr. 18, 2007 | |
A110137
|
Miller v. Bank of America
Where bank was enjoined from balancing within single account, court's application of case involving setoff against credit card debt is not proper. |
Banking |
|
Mar. 28, 2007 | |
G036235
|
LaLiberte v. Pacific Mercantile Bank
Rescission under Truth In Lending Act is available as personal remedy because it is not suitable for class action treatment. |
Banking |
|
Feb. 16, 2007 | |
B187834
|
Weiss v. Washington Mutual Bank
State tort law action regarding imposition of prepayment penalties on bank loan are pre-empted by Home Owners' Loan Act. |
Banking |
|
Jan. 29, 2007 | |
B176377
|
McKell v. Washington Mutual Inc.
Where customers were overcharged for certain settlement services, they had valid cause of action against lender for violating Unfair Competition Law. |
Banking |
|
Nov. 7, 2006 | |
04-16748
|
Kenney v. United States
In case concerning government tax liens on proceeds of house sale, party was not entitled to equitable subrogation. |
Banking |
|
Oct. 19, 2006 | |
B181249
|
Gil v. Bank of America, National Association
Under California Uniform Commercial Code, plaintiffs' remedy lies only in conversion, not negligence, where collecting bank accepted check with missing indorsement. |
Banking |
|
Sep. 27, 2006 | |
06-106
|
Opinion of Lockyer
Finance company does not have right of action against surety upon car dealer's bond when dealer defaults on loan issued by company. |
Banking |
|
Jun. 22, 2006 | |
B181249
|
Gil v. Bank of America, National Association
California Uniform Commercial Code supersedes payee's negligence claim where collecting bank accepted check with missing indorsement. |
Banking |
|
Jun. 15, 2006 | |
G034588
|
McElroy v. Chase Manhattan Mortgage Corp.
Lender was not required to process tendered payment in form of 'Bonded Bill of Exchange Order' because bill was worthless on its face. |
Banking |
|
Feb. 8, 2006 | |
04-16334
|
American Bankers Assoc. v. Gould
Federal credit reporting act preempts at least portion of state privacy law's affiliate-sharing provisions. |
Banking |
|
Sep. 27, 2005 | |
03-55852
|
Virachack v. University Ford
Cash rebate is not part of cost of credit and need not be disclosed under Truth In Lending Act. |
Banking |
|
Aug. 30, 2005 | |
03-55575
|
Jones v. E*Trade Mortgage Corp.
District court erred in dismissing homeowner's complaint for failure to state cause of action under Truth In Lending Act. |
Banking |
|
Aug. 23, 2005 | |
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not part of points and fees paid by borrower at close of escrow under predatory lending law. |
Banking |
|
Aug. 3, 2005 | |
B164022
|
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. |
Banking |
|
Jun. 17, 2005 | |
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. |
Banking |
|
Apr. 12, 2005 | |
03-35041
|
Easter v. American West Financial
Under Washington law, brokers who arrange table-funded loans need not be licensed. |
Banking |
|
Jan. 18, 2005 | |
B169885
|
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate. |
Banking |
|
Jan. 10, 2005 | |
02-56357
|
McCarthy v. Federal Deposit Insurance Corp.
Debtor challenging loan practices of bank that went into receivership must exhaust administrative remedies before filing lawsuit. |
Banking |
|
Jun. 30, 2004 | |
A100172
|
Olson v. Six Rivers National Bank
Bank did not violate Consumer Credit Reporting Agencies Act by requesting credit information pertaining to husband in connection with loan made to wife. |
Banking |
|
Oct. 15, 2003 | |
A097959
|
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. |
Banking |
|
Oct. 15, 2003 | |
D040165
|
Fischer v. First International Bank
When loan agreement doesn't state loans will be cross-collateralized, enforcement of "dragnet" clause presents triable issue; order granting new trial is void. |
Banking |
|
Oct. 1, 2003 | |
D040390
|
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees. |
Banking |
|
Aug. 11, 2003 |