GIBSON v. WORLD SAVINGS & LOAN ASSN.

No. E029823.

128 Cal.Rptr.2d 19 (2002)

103 Cal.App.4th 1291

Harry GIBSON et al., Plaintiffs and Appellants, v. WORLD SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.

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

As Modified December 24, 2002.

Review Denied March 19, 2003.


Attorney(s) appearing for the Case

Blumenthal Ostroff & Markham, Norman B. Blumenthal, David R. Markham, Sheldon A. Ostroff, San Diego, and Barron E. Ramos, Del Mar; Chavez & Gertler and Mark Chavez, San Francisco, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, and Michele R. Van Gelderen, Deputy Attorney General as Amicus Curiae on behalf of Plaintiffs and Appellants.

World Savings & Loan Association and Joseph A. Wynne, Oakland; Steefel, Levitt & Weiss, Barry W. Lee, San Francisco, Anthony J. Justman, Jacqueline H. Sung and James W. Colbert III, Los Angeles, for Defendant and Respondent.

Stroock & Stroock & Lavan, Julia B. Strickland, Lisa M. Simonetti, Los Angeles, and Andrew W. Moritz, for Western League of Savings Institutions as Amicus Curiae on behalf of Defendant and Respondent.

Carolyn J. Buck, Chief Counsel, Thomas J. Segal, Deputy Chief Counsel and Paul K. Hutson, Senior Attorney, for The Office of Thrift Supervision as Amicus Curiae on behalf of Defendant and Respondent.


Certified for Partial Publication.*

OPINION

McKINSTER, Acting P.J.

In a class action accusing a federally chartered savings association of committing unfair business practices, the trial court found that federal law preempts the plaintiffs' claim and entered judgment in favor of the defendant. The plaintiffs appeal. Finding that the trial court's belief that the action...

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