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SCHERTZER v. BANK OF AMERICA, NA

No. 23-55104.

109 F.4th 1200 (2024)

Kristen SCHERTZER; Brittany Covell, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. BANK OF AMERICA, NA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2024.

Attorney(s) appearing for the Case

Jae K. Kim (argued), Lynch Carpenter LLP, Pasadena, California; Todd D. Carpenter and Tiffine E. Malamphy, Lynch Carpenter LLP, Del Mar, California; Sophia G. Gold and Jeffrey D. Kaliel, KalielGold PLLC, Washington, D.C.; for Plaintiffs-Appellants.

Shawn R. Obi (argued) and Amanda L. Groves, Winston & Strawn LLP, Los Angeles, California, for Defendant-Appellee.

Before: Ronald Lee Gilman, Ronald M. Gould, and Salvador Mendoza, Jr., Circuit Judges.

OPINION

Plaintiff Brittany Covell,1 a Bank of America ("BOA") accountholder, brought this putative class action against BOA, asserting claims for breach of contract and breach of the implied covenant of good faith and fair dealing, based on fees BOA charged when Plaintiff used a non-BOA...

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