Gutierrez

Gutierrez v. Wells Fargo & Co.

Good Law

622 F. Supp. 2d 946·2009 WL 1246988·69 U.C.C. Rep. Serv. 2d (West) 201·2009 U.S. Dist. LEXIS 38131

United States District Court, Northern District of CaliforniaMay 5, 2009C 07-05923 WHACalifornia5,062 words

Opinion

Alsup, J.

ORDER RE MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In this certified consumer class action, defendant Wells Fargo Bank, N.A. moves for summary judgment. For the reasons stated below, defendant’s motion for summary judgment is Granted in part and Denied in part.

STATEMENT

This suit challenges certain overdraft charge practices by Wells Fargo Bank, N.A. The three named class representatives assert six claims: (1) violation of the Consumer Legal Remedies Act, California Civil Code Section 1750; (2) violation of the Unfair Business Practices Act, California Business and Professions Code Section 17200; (3) violation of the Unfair Business Practices Act, California Business and Professions Code Section 17500; (4) fraud; (5) negligent misrepresentation; and (6) conversion.

Defendant Wells Fargo Bank, N.A., is one of the nation’s largest banks and financial institutions. In conjunction with its banking services, Wells Fargo issues debit cards to customers who have opened a bank account. Wells Fargo customers receive a monthly account statement that includes information regarding the transactions that took place during the month. Customers who sign up for online banking, however, have…

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