Stern

FACTS

In 2011, Kenneth Stern went to a Bank of America branch office to open a new account for his mother, Thelma Stern, an invalid in her nineties with Alzheimer’s Disease who used a wheelchair. The pleading alleges that “because of her disabilities it was not convenient to bring plaintiff to the bank.” Kenneth Stern attempted to open the account using a power of attorney from his mother and her California Identification Card from the DMV. Although Mrs. Stern had an existing account, the bank refused to open a new account unless she came in personally. Kenneth Stern also went to a Wells Fargo Bank branch office. He explained Mrs. Stern’s health condition to a representative, and tried to open an account, using the power of attorney and the state identification card. Although Mrs. Stern had an existing account at Wells Fargo, the bank refused to open a new account unless she came in. Kenneth Stern filed suit against Bank of America and Wells Fargo on behalf of his mother. The amended complaint asserts violations of the Unruh Act and the Probate Code. The banks demurred, arguing that the pleading does not state facts sufficient to constitute a cause of action. The trial court…