KRUGER v. WELLS FARGO BANK

Docket No. S.F. 23014.

11 Cal.3d 352 (1974)

521 P.2d 441

113 Cal. Rptr. 449

JEAN KRUGER, Plaintiff and Appellant, v. WELLS FARGO BANK, Defendant and Respondent.

Supreme Court of California. In Bank.

April 26, 1974.


Attorney(s) appearing for the Case

COUNSEL

Wong, Siedman & Lee and Jack Siedman for Plaintiff and Appellant.

Cecily Nyomarkay, Richard A. Weisz, Michael B. Weisz and Thomas W. Pulliam, Jr., as Amici Curiae on behalf of Plaintiff and Appellant.

Brobeck, Phleger & Harrison, Moses Lasky and Kirtley M. Thiesmeyer for Defendant and Respondent.


OPINION

TOBRINER, J.

In this case we hold that a bank's setoff of charge account debts against a depositor's checking account constitutes private action, not state action, and thus does not succumb to the requirements of procedural due process under the federal Constitution. We also hold that the reach of the due process clause of the state Constitution is insufficient to afford a remedy...

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