Rose

I. BACKGROUND

The following facts are taken from Plaintiff’s First Amended Complaint and are taken as true for the purpose of reviewing a motion for judgment on the pleadings. See Torbet

1 Defendant Chase Bank USA, N.A. was formerly known as Chase Man- hattan Bank USA, N.A., under which name Defendant was originally sued. ROSE v. CHASE BANK USA 1003 v. United Airlines, Inc., 298 F.3d 1087, 1089 (9th Cir. 2002) (“Judgment on the pleadings is proper when, taking all the allegations in the pleadings as true, the moving party is enti- tled to judgment as a matter of law.”).

Plaintiffs, all California residents, brought this action on behalf of an ostensible class of California holders of credit cards issued by Chase. Chase, at various points after June 13, 2001, extended credit to its credit card holders by mailing them a preprinted check or draft, more commonly known as a “convenience check.” The “convenience checks” were (and are) commonly attached to a letter or invitation from the bank, and perforated so that they can be torn off and used. That con- venience check, if torn off and cashed, resulted in a charge against the user’s credit card account, as well…