Yu

Yu v. Signet Bank/Virginia

Good Law
1999 Cal. App. LEXIS 124·69 Cal. App. 4th 1377·82 Cal. Rptr. 2d 304·99 Daily Journal DAR 1498·99 Cal. Daily Op. Serv. 1199
Court of Appeal of CaliforniaFebruary 16, 1999A077911California7,640 words

Opinion

Opinion

Hanlon, J.

Appellants William and Darlene Yu filed this action individually and on behalf of others similarly situated against respondents Signet Bank/Virginia and Capital One Bank challenging respondents’ debt collection practices with respect to credit cards they issued to California residents. This appeal arises from the judgment entered for respondents after their motion for summary judgment was granted. We reverse the judgment as to appellants’ abuse of process and unlawful business practice claims, and affirm as to the other causes of action.

I. Background

Respondents are Virginia corporations with their principal places of business in Virginia. Appellants lived in Fremont, California during the events at issue in this lawsuit.

In 1989, appellants accepted a Signet credit card in response to a preapproved solicitation they received in the mail. When they signed up for the credit card, appellants executed a certificate accepting terms and conditions which provided that payments on the card would be made to a Virginia address, and that the credit agreement would be governed by Virginia and federal law.

Appellants used the credit card to purchase goods and services primarily…

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