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CALIFORNIA GROCERS ASSN. v. BANK OF AMERICA

Docket Nos. A055112, A056217.

22 Cal.App.4th 205 (1994)

27 Cal. Rptr.2d 396

CALIFORNIA GROCERS ASSOCIATION, INC., Plaintiff and Appellant, v. BANK OF AMERICA, NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

February 4, 1994.

Attorney(s) appearing for the Case

COUNSEL

Manuel Glenn Abascal, Kathy Shull Abascal and Brad Seligman for Plaintiff and Appellant.

Michael J. Halloran, Winslow Christian, Arne D. Wagner, O'Melveny & Myers, William W. Vaughn, Abigail A. Jones, Robert M. Schwartz and Viola I. Canales for Defendant and Appellant. Shearman & Sterling, William M. Burke, Richard B. Kendall, Wendy E. Ackerman, Coffield, Ungaretti & Harris, Howard A. Menell, J. Timothy Eaton and Theodore E. Harman as Amici Curiae on behalf of Defendant and Appellant.

OPINION

BENSON, Acting P.J. —

I. INTRODUCTION

In this appeal we decide whether a $3 fee charged by Bank of America for one of its check-processing services is unconscionably high, and if so, whether the trial court erred in issuing an injunction limiting the fee to $1.73, which represents the bank's cost plus a 15 percent markup for profit. We conclude the fee is not unconscionable, and even if it were, that fact...

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