McKell

McKell v. Washington Mut., Inc.

Good Law
142 Cal. App. 4th 1457·49 Cal. Rptr. 3d 227
Court of Appeal of CaliforniaSeptember 18, 2006B176377California15,303 words

Opinion

Opinion

Plaintiffs Linda McKell, Scott David Pasnikowski and Susan Nero appeal from an order of dismissal entered after the trial court sustained defendants' demurrer to their second amended complaint without leave to amend. Plaintiffs challenge the propriety of the trial court's ruling. We reverse the order of dismissal and direct the trial court to overrule defendants' demurrer as to certain of plaintiffs' causes of action.

Plaintiffs brought this action for damages and equitable relief against defendants [2] as a class action. The trial court sustained defendants' demurrer and dismissed the action without ruling on the question whether the case could proceed as a class action.

In their first amended complaint, plaintiffs alleged causes of action for violation of the Unfair Competition Law (UCL, Bus. & Prof.Code, § 17200 et seq.); violation of the Consumers Legal Remedies Act (CLRA, Civ.Code, § 1750 et seq.); unjust enrichment/imposition of a constructive trust; breach of contract; breach of bailment agreement; and conversion. The basis of all causes of action was defendants' overcharging plaintiffs for underwriting, tax services, and wire transfer fees in conjunction…

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