WELLS FARGO BANK v. SUPERIOR COURT

Docket Nos. S014994, S014994.

53 Cal.3d 1082 (1991)

811 P.2d 1025

282 Cal. Rptr. 841

WELLS FARGO BANK, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; BARBARA WERTZ, Real Party in Interest. WELLS FARGO BANK, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; WILMA BOTELHO et al., Real Parties in Interest.

Supreme Court of California.

June 27, 1991.


Attorney(s) appearing for the Case

COUNSEL

Brobeck, Phleger & Harrison, Jean C. Gaskill, Thomas M. Peterson, Rebecca D. Eisen and James H. Quirk for Petitioner.

Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., and Laura L. Saadah as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

John M. True and Christopher Ho as Amici Curiae on behalf of Respondent and Real Parties in Interest.

McGuinn, Hillsman & Palefsky, John A. McGuinn, Cliff Palefsky, Cynthia Bernet-McGuinn and William L. Veen for Real Parties in Interest.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Marian M. Johnston and John Davidson, Deputy Attorneys General, Bianco, Brandi & Jones, Stephen M. Murphy, Garrison, Silbert & Arterton and Joseph Garrison as Amici Curiae on behalf of Real Parties in Interest.


OPINION

LUCAS, C.J.

Three former branch office managers of a national bank brought suit seeking damages under California law for the bank's alleged wrongful termination of their employment. The bank contends their state law causes of action are preempted by the National Bank Act of 1864, which provides that a national bank's "officers" serve at the pleasure of its board of directors. (12 U.S.C. § 24, Fifth & Sixth; the National...

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