USAA Federal Savings Bank v. Soldis CA1/2

BACKGROUND

The Bank’s Complaint On October 23, 2012, the Bank filed a complaint for declaratory relief against Soldis. The complaint was six pages long, and asserted one cause of action, based on eight essential paragraphs, alleging the following facts: “The Depository Agreement “4. Soldis and USAA FSB entered into a banking relationship governed by, inter alia, a Depository Agreement. At all times relevant herein Soldis was aware, or should have been aware in the normal course, of the terms of the Depository Agreement, his obligations, and USAA FSB’S rights under the Depository Agreement. . . . “5. At all relevant times mentioned herein the Depository Agreement was in full force and effect. . . . “6. Within the Depository Agreement is a section entitled Changes to Agreement. This section states, in pertinent part, as follows: “Bank may change this agreement at any time, whether by adding new terms and conditions, or deleting or amending existing ones. . . . If you do not agree with a change, you may close your account. However, if you continue to use your account or keep it open, you accept and agree to the change. The current version of this Agreement supersedes all prior…