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WEISS v. WASHINGTON MUTUAL BANK

No. B187834.

53 Cal.Rptr.3d 782 (2007)

147 Cal.App.4th 72

Mitchell WEISS et al., Plaintiffs and Appellants, v. WASHINGTON MUTUAL BANK et al., Defendants and Respondents.

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

January 29, 2007.

Attorney(s) appearing for the Case

Huang P.C., Lawyers, Patrick K. Huang, Los Angeles, Gail Sanes and Angela Lin, Arcadia, for Plaintiffs and Appellants.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Assistant Attorney General, Ronald A. Reiter and Michele R. Van Gelderen, Deputy Attorneys General, for the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Stroock & Stroock & Lavan, Julia B. Strickland, Scott M. Pearson, JiAe Moon, David W. Moon, Los Angeles; Office of the General Counsel, Theresa Marchlewski and Edward J. McNamara for Defendants and Respondents.

VOGEL, Acting P.J.

The question on this appeal is whether a lawsuit challenging a federal savings and loan association's prepayment penalty formula is preempted by the Home Owners' Loan Act (HOLA) and the regulations promulgated by the Office of Thrift Supervision (OTS). (12 U.S.C. § 1461 et seq.; 12 C.F.R. §§ 560.2, 560.34). Our answer is yes.

FACTS1

A.

In July 2003, Mitchell Weiss (and...

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