Paul MILLER, et al., Plaintiffs and Appellants,
v.
BANK OF AMERICA, NT & SA, Defendant and Appellant.
Court of Appeal of California, First District, Division Three.https://leagle.com/images/logo.png
November 20, 2006.
November 20, 2006.
Attorney(s) appearing for the Case
The Sturdevant Law Firm, James C. Sturdevant, Mark T. Johnson, Monique Olivier, Law Offices of Thomas J. Brandi, Thomas J. Brandi, Brian J. Malloy, San Francisco, for Plaintiffs and Appellants.
Barbara Jones, Rochelle Bobroff, Michael Schuster, AARP Foundation Litigation.
Gerald McIntyre, Los Angeles, Deanne Loonin, for amicus curiae National Senior Citizens Law Center, on behalf of plaintiffs and appellants.
Margot Saunders, for amicus curiae National Consumer Law Center, on behalf of plaintiffs and appellants.
Eric Halperin, Kathleen Keest, Amanda Quester, for amicus curiae Center for Responsible Lending, on behalf of plaintiffs and appellants.
Bramson, Plutzik, Mahler & Birkhaeuser, Robert M. Bramson, Walnut Creek, for amicus curiae National Association of Consumer Advocates, on behalf of plaintiffs and appellants.
Bill Lockyer, Attorney General of the State of California, Richard M. Frank, Chief Deputy Attorney General, Tom Greene, Chief Assistant Attorney General, Herschel T. Elkins, Special Assistant Attorney General, for Amici Curiae on behalf of Plaintiffs and Appellants.
Marc A. Lackner, Associate general Counsel, Bank of America, N.A., O'Melveny & Myers, Walter Dellinger, Debra S. Belaga, Matthew D. Roberts, Calvo & Clark, Arne D. Wagner, Morrison & Foerster, Arturo J. Gonzalez, San Francisco, for Defendant and Appellant.
Coblentz, Patch, Duffy & Bass, Jonathan R. Bass, Susan K. Jamison, San Francisco, for amici curiae California Bankers Association and California Credit Union League, on behalf of defendant and appellant.
Arnold & Porter, Laurence J. Hutt, Los Angeles, Howard N. Cayne, Nancy L. Perkins, for amici curiae American Bankers Association, America's, Community Bankers, Consumer Bankers Association, The Financial Services Roundtable and Independent Community, Bankers of America, on behalf of defendant and appellant.
Peter D. Keisler, Assistant Attorney General, Kevin V. Ryan, United States Attorney, William Kanter, Howard S. Scher, Thomas M. Bondy, for Amici Curiae on behalf of Defendant and Appellant.
Court of Appeal of California, First District, Division Three.
SIGGINS, J.
Does a bank act illegally if when balancing customer accounts, it applies credits for Social Security benefits and other public benefit payments directly deposited to its customers' checking accounts to cover debits for overdrafts and overdraft fees? In Kruger v. Wells Fargo Bank (1974) 11 Cal.3d 352, 113 Cal.Rptr. 449, 521 P.2d 441...
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