Villanueva
Villanueva v. Rabobank, N.A.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 JOE VILLANUEVA, Case No. 23-cv-00825-CRB
Plaintiff,
ORDER GRANTING MOTION TO
v.
REMAND
RABOBANK, N.A., Defendant.
This case involves Defendant Rabobank’s allegedly deceptive and unlawful collection of overdraft (OD) fees from its customers. Now pending is Plaintiff Joe Villanueva’s motion to remand the case to state court, where it came from. Mot. (dkt. 16). As explained below, the Court grants the motion. I. BACKGROUND Five years ago, Villanueva brought a putative class action in California Superior Court, County of San Diego. See Compl. (dkt. 1-3) at 4–15. That complaint alleged that Rabobank breached its contract with its customers and violated California’s Unfair Competition Law (UCL) by assessing both continued OD fees and OD fees on the same transaction. Id. Rabobank compelled arbitration, but the arbitrator ultimately found the arbitration agreement unenforceable. Kim Decl. (dkt. 16-3) Ex. B (Award of…