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DAVIS v. HSBC BANK NEVADA, N.A.

No. 10-56488.

691 F.3d 1152 (2012)

Gary DAVIS, an individual on behalf of himself, as Private Attorney General and on behalf of all others similarly, Plaintiff-Appellant, v. HSBC BANK NEVADA, N.A., a National Bank; Best Buy Co., Inc., a Minnesota corporation; Best Buy Stores, L.P., a Virginia limited partnership; HSBC Finance Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2012.

Attorney(s) appearing for the Case

Drew E. Pomerance (argued), Burton E. Falk , Roxborough, Pomerance, Nye & Adreani, LLP, Woodland Hills, CA, for the plaintiff-appellant.

Stuart M. Richter (argued), Gregory S. Korman , Katten Muchin Rosenman LLP, Los Angeles, CA, for the defendants-appellees.

Before: D.W. NELSON, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.

OPINION

NELSON, Senior Circuit Judge:

Gary Davis appeals the district court's dismissal of his First Amended Complaint ("FAC"). In this putative class action, Davis alleges that HSBC Bank Nevada, N.A. ("HSBC") and Best Buy Stores, L.P. ("Best Buy") (collectively, "Defendants") defrauded California customers by offering credit cards without adequately disclosing that cardholders would be subject to an annual fee. We must decide whether the district court...

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