ROSE v. BANK OF AMERICA, N.A.

No. S199074.

57 Cal.4th 390 (2013)

159 Cal. Rptr. 3d 693

304 P.3d 181

HAROLD ROSE et al., Plaintiffs and Appellants, v. BANK OF AMERICA, N.A., Defendant and Respondent.

Supreme Court of California.

August 1, 2013.


Attorney(s) appearing for the Case

The Rossbacher Firm, Henry H. Rossbacher , Jeffrey Alan Goldenberg , James S. Cahill and Talin K. Tenley for Plaintiffs and Appellants.

Adam Keats; Law Office of Richard R. Wiebe and Richard R. Wiebe for Center for Biological Diversity, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Arbogast Bowen and David M. Arbogast for Consumer Attorneys of California and the National Consumer Law Center as Amici Curiae on behalf of Plaintiffs and Appellants.

Dennis J. Herrera , City Attorney (San Francisco), Danny Chou , Chief of Complex and Special Litigation, Kristine Poplawski and Erin Bernstein , Deputy City Attorneys; Carmen A. Trutanich , City Attorney (Los Angeles) and Tina Hess , Deputy Chief of Complex and Special Litigation, for San Francisco City Attorney and Los Angeles City Attorney as Amici Curiae on behalf of Plaintiffs and Appellants.

Reed Smith , Margaret M. Grignon , Scott H. Jacobs and Zareh A. Jaltorossian for Defendant and Respondent.

Horvitz & Levy, Lisa Perochet , Jeremy B. Rosen and Jason R. Litt for Chamber of Commerce of the United States of America and California Chamber of Commerce as Amici Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand for the Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Respondent.

Leland Chan for California Bankers Association and American Bankers Association as Amici Curiae on behalf of Defendant and Respondent.


OPINION

CORRIGAN, J.

May a claim of unlawful business practice under California's unfair competition law be based on violations of a federal statute, after Congress has repealed a provision of that statute authorizing civil actions for damages? We hold that it may, when Congress has also made it plain that state laws consistent with the federal statute are not superseded.

DISCUSSION

(1) The federal Truth...

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