HOOD v. SANTA BARBARA BANK & TRUST

No. B184489.

49 Cal.Rptr.3d 369 (2006)

143 Cal.App.4th 526

Canieva HOOD et al., Plaintiffs and Appellants, v. SANTA BARBARA BANK & TRUST et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Six.

September 28, 2006.


Attorney(s) appearing for the Case

The Sturdevant Law Firm, James C. Sturdevant, Monique Olivier, San Francisco; The National Consumer Law Center, Stuart Rossman, Chi Chi Wu, Boston, MA, for Plaintiffs and Appellants Canieva Hood and Congress of California Seniors.

Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Michele R. Van Gelderen, Deputy Attorney General, for Attorney General Bill Lockyer as Amicus Curiae in support of Plaintiffs and Appellants.

Eric Halperin, Washington, DC, Kathleen Keest, Amanda Quester for Center for Responsible Lending and National Association of Consumer Advocates as Amici Curiae in support of Plaintiffs and Appellants.

Sheppard, Mullin, Richter & Hampton LLP, D. Ronald Ryland, San Francisco, for Defendants and Respondents Santa Barbara Bank & Trust, a division of Pacific Capital Bank, N.A., and Pacific Capital Bank N.A.; Stroock & Stroock & Lavan LLP, Julia B. Strickland, Stephen J. Newman, Deborah E. Barack, Nancy M. Lee, Los Angeles, for Defendants and Respondents Beneficial National Bank, Household Bank, F.S.B., HSBC Taxpayer Financial Services Inc., formerly known as Household Tax Masters, Inc. and JPMorgan Chase Bank, N.A., successor by merger to Bank One, N.A. (Ohio).


COFFEE, J.

Canieva Hood and the Congress of California Seniors appeal from an order of dismissal of their class action complaint seeking monetary and injunctive relief against Santa Barbara Bank & Trust (Santa Barbara) and other respondents. This dispute concerns Santa Barbara's seizure of Hood's tax refund. While seeking a tax refund anticipation loan (RAL) in 2002, Hood completed Santa Barbara's RAL application which provided that she would (1) pledge her 2001...

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