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HERNANDEZ v. WELLS FARGO BANK NEW MEXICO

No. 24662.

128 P.3d 496 (2005)

139 N.M. 68

2006-NMCA-018

Daniel HERNANDEZ, on behalf of himself and all other similarly situated account holders at Defendant bank, Plaintiff-Appellant, v. WELLS FARGO BANK NEW MEXICO, N.A., a national bank doing business in New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

December 8, 2005.

Attorney(s) appearing for the Case

The Bregman Law Firm, P.C., Sam Bregman, Eric Loman, Albuquerque, for Appellant.

Keleher & McLeod, P.A., W. Spencer Reid, Gary J. Van Luchene, Albuquerque, for Appellee.

OPINION

WECHSLER, J.

{1} Daniel Hernandez (Plaintiff) appeals from the trial court's order granting summary judgment in favor of Wells Fargo Bank New Mexico (Bank). Plaintiff argues that Bank's charging of overdraft fees violates the New Mexico Unfair Practices Act (UPA), NMSA 1978, § 57-12-2(E)(2) (2003). We hold that summary judgment was proper because Plaintiff failed to meet his burden to rebut Bank's prima facie evidence that the overdraft fee...

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