McLay

Filed 3/27/13 McLay v. Wells Fargo Bank CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

BRANDI A. MCLAY et al., D060659

Plaintiffs and Appellants,

v. (Super. Ct. No. 37-2009-00094494-

CU-BT-CTL)

WELLS FARGO BANK, N.A.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Joan M.

Lewis, Judge. Affirmed.

Wells Fargo Bank, NA's (Wells Fargo's) consumer account agreements, under the

heading "Deposits at ATMs", contain the statement: "If the Cardholder makes a deposit

at the ATM and the amount keyed differs from the sum of the Deposited Items, a debit or

credit adjustment will be made to the account." (Wells Fargo 2008 Consumer Account

Agreement, at p.…