Yu

Yu v. Signet Bank/Virginia

Caution

103 Cal. App. 4th 298·126 Cal. Rptr. 2d 516

Court of Appeal of CaliforniaNovember 25, 2002A094519, A095102California9,065 words

Opinion

Kay, J.

In Yu v. Signet Bank/Virginia (1999) 69 Cal.App.4th 1377 [ 82 Cal.Rptr.2d 304 ] (Yu I), we reversed a summary judgment entered for defendants Signet Bank/Virginia and Capital One Bank (collectively Banks) on causes of action in the second amended complaint of plaintiffs William and Darlene Yu for abuse of process, and unlawful and unfair business practice (Bus. & Prof. Code, § 17200). In the present appeal by the Yus (A095102), we reverse the judgment entered for Banks on these causes of action after their demurrer to the third amended complaint was sustained without leave to amend. In Banks’ appeal (A094519), we affirm the order denying their motion to strike the action under the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc., § 425.16; hereafter section 425.16).

I. Background

A. Our Prior Decision

As described in Yu I, this lawsuit seeks to redress an improper debt collection practice of Virginia banks against California residents. The Yus accepted a credit card from Signet in 1989, used it to make purchases, and defaulted on repayments. Signet sued them on the debt in Virginia in 1994, obtained a default judgment, and served a…

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Parties

WILLIAM YU
Plaintiff
SIGNET BANK/VIRGINIA
Defendant

Judges

Cites (45)

69 Cal. App. 4th 1377
7 Cal. 3d 94
196 Ga. App. 433
47 Cal. 3d 278
13 Cal. 3d 835
49 Cal. 3d 1279
38 Cal. 3d 425
10 Cal. 4th 764
5 Cal. 3d 62
40 Cal. 3d 202
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50 Cal. 3d 205
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<em> 111 </em> Cal. App.3d 719, 724-725
223 Cal. Rptr. 28
483 U.S. 825
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102 Cal. App. 4th 449
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