PAUL MILLER et al., Plaintiffs and Appellants,
v.
BANK OF AMERICA, NT & SA, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
June 1, 2009.
June 1, 2009.
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 and Brian J. Malloy for Plaintiffs and Appellants.
Barbara Jones, Rochelle Bobroff, Michael Schuster; Deanne Loonin, Lauren Saunders, Margot Saunders; Gerald McIntyre; and Richard Rothschild for AARP Foundation Litigation, National Consumer Law Center, National Senior Citizens Law Center, Congress of California Seniors and Western Center on Law and Poverty as Amici Curiae on behalf of Plaintiffs and Appellants.
Eric Halperin, Kathleen Keest, Amanda Quester, Melissa Briggs and Daniel Mosteller for Center for Responsible Lending as Amicus Curiae on behalf of Plaintiffs and Appellants.
Bramson, Plutzik, Mahler & Birkhaeuser and Robert M. Bramson for National Association of Consumer Advocates as Amicus Curiae on behalf of Plaintiffs and Appellants.
Levy, Ram & Olson and Arthur D. Levy for The California Reinvestment Coalition as Amicus Curiae on behalf of Plaintiffs and Appellants.
Thomas J. Miller, Attorney General (Iowa); Fazio Micheletti and Jeffrey L. Fazio as Amici Curiae on behalf of Plaintiffs and Appellants.
Bill Lockyer, Attorney General, Richard M. Frank, Chief Deputy Legal Affairs, Tom Greene, Chief Assistant Attorney General, and Herschel T. Elkins, Special Assistant Attorney General, as Amici Curiae on behalf of Plaintiffs and Appellants.
Marc A. Lackner; O'Melveny & Myers, Walter Dellinger, Debra S. Belaga, Jonathan D. Hacker, Matthew D. Roberts; Morrison & Foerster, Arne D. Wagner, Arturo J. Gonzalez and Heather A. Moser for Defendant and Appellant.
Coblentz, Patch, Duffy & Bass, Jonathan R. Bass and Susan K. Jamison for California Bankers Association and California Credit Union League as Amici Curiae on behalf of Defendant and Appellant.
Arnold & Porter, Laurence J. Hutt, Howard N. Cayne and Nancy L. Perkins for American Bankers Association, America's Community Bankers, Consumer Bankers Association, Credit Union National Association, Financial Services Roundtable and Independent Community Bankers of America as Amici Curiae on behalf of Defendant and Appellant.
Peter D. Keisler, Assistant Attorney General, Jeffrey S. Bucholtz and Michael F. Hertz, Acting Assistant Attorneys General, Kevin V. Ryan, Scott N. Schools and Joseph P. Russoniello, United States Attorneys, William Kanter, Howard S. Scher and Thomas M. Bondy for The United States of America as Amicus Curiae on behalf of Defendant and Appellant.
Supreme Court of California.
OPINION
MORENO, J.—
Relying upon our decision in Kruger v. Wells Fargo Bank (1974) 11 Cal.3d 352, 356 [113 Cal.Rptr. 449, 521 P.2d 441] (Kruger), account holders who deposited Social Security or other public benefit funds into checking or savings accounts and then overdrew those accounts contend that Bank of...
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