Boutris

ORDER

Pending are cross-motions for summary judgment involving all claims in this action. This dispute concerns preemption under the National Bank Act (“the Act”) of California’s power to regulate an operating subsidiary of a national bank; whether a California official is liable for retaliation and 42 U.S.C. § 1983 claims for his exercise of state regulatory authority over that operating subsidiary; and, whether the Depository Institutions Deregulation Monetary Control Act of 1980 (“DIDMCA”) preempts California’s per diem interest statutes.

Plaintiffs Wells Fargo Bank, N.A. (‘Wells Fargo”) and Wells Fargo Home Mortgage, Inc. (“WFHMI”) move for summary judgment and a permanent injunction. Plaintiffs seek to permanently enjoin Defendant Demetrios Boutris, in his official capacity as the Commissioner of the California Department of Corporations (“Commissioner”), and his agents, “from exercising visitorial powers over Plaintiffs, or from otherwise preventing or interfer ing with WFHMI’s operations in California.” (Pis.’ Memo, of P. & A. in Support of Mot. for Summ. J. (“Pis.’ Memo.”) at 3.) The Office of the Comptroller of Currency (“OCC”) participated as amicus curiae in this…