Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G043874
|
Wells Fargo Bank N.A. v. FSI, Financial Solutions Inc.
Although bank acted negligently in relation to dishonored check's status, evidence does not support finding that customer was made worse off. |
Banking |
|
Jun. 29, 2011 | |
09-329
|
Chase Bank USA N.A. v. McCoy
Under regulation in effect at time of dispute, bank is not required to give consumer advance notice of rate increase where increase was previously disclosed in contract. |
Banking |
|
Jan. 25, 2011 | |
E049170
|
Chino Commercial Bank N.A. v. Peters
Bank is not liable for accepting wire transfer and following national standard procedures in accepting checks that were later found to be altered. |
Banking |
|
Dec. 13, 2010 | |
A125297
|
Gabriel v. Wells Fargo Bank N.A.
Summary judgment is appropriate where plaintiff is unable to prove nonpayment of money held in savings account managed by plaintiff’s late husband. |
Banking |
|
Sep. 16, 2010 | |
E049170
|
Chino Commercial Bank N.A. v. Peters
Bank has no duty to question wire transfer from customer’s account that is revealed to be part of scam. |
Banking |
|
May 27, 2010 | |
06-16892
|
Edwards v. Wells Fargo and Co.
Credit card issuer need only resolve disputes about purchases with person who obtained card, rather than with mere authorized user. |
Banking |
|
May 19, 2010 | |
G040798
|
Parks v. MBNA America Bank N.A.
California statute that requires national bank to provide disclosure language on convenience checks is not facially preempted by federal law. |
Banking |
|
May 13, 2010 | |
07-17277
|
Martinez v. Wells Fargo Home Mortgage Inc.
Bank charges in exchange for services, even if excessive, are not prohibited under Real Estate Settlement Procedures Act. |
Banking |
|
Mar. 9, 2010 | |
B211713
|
Full Throttle Films Inc. v. National Mobile Television Inc.
Secured party does not control debtor’s unspecified deposit accounts where there is no evidence of agreement between bank, secured party and debtor. |
Banking |
|
Feb. 10, 2010 | |
B211713
|
Full Throttle Films Inc. v. National Mobile Television Inc.
Secured party does not control debtor’s unspecified deposit accounts where there is no evidence of agreement between bank, secured party and debtor. |
Banking |
|
Jan. 14, 2010 | |
C058026
|
Holbert v. Fremont Investment & Loan
Home Ownership and Equity Protection Act is inapplicable where payoffs and penalties do not increase lender’s finance charge over eight percent. |
Banking |
|
Dec. 1, 2009 | |
06-17226
|
Gorman v. Wolpoff & Abramson LLP
Fair Credit Reporting Act allows plaintiff to bring claim against creditor for failure to report continued dispute to credit reporting agencies. |
Banking |
|
Oct. 21, 2009 | |
C058154
|
Stevens v. Tri Counties Bank
Bank may be liable for allowing withdrawal of money from multi-party account where account modification requirements were not met. |
Banking |
|
Sep. 2, 2009 | |
08-453
|
Cuomo v. Clearing House Association L.L.C.
State attorney general is not barred from seeking 'judicial enforcement actions' against national banks for violations of fair-lending laws. |
Banking |
|
Jun. 30, 2009 | |
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 |