Figueroa

I. BACKGROUND

21 In October 2014, Plaintiffs Figueroa and Jackson opened a Premier Rewards 22 checking account at the Saddle Brook branch of Capital One in New Jersey. (Doc. No. 38- 23 2 at 7; 38-2 at 35; 38-2 at 61.) After opening the account, Plaintiffs used their Capital One 24 Automatic Teller Machine (“ATM”) card at out-of-network (“OON”) ATM’s in California 25 and New York. For each cash withdrawal, Plaintiffs were charged three separate fees. 26 (Doc. No. 6, at ¶¶ 24, 42, 44, 46.) In 2015, Plaintiffs also performed a balance inquiry on 27 an OON ATM and incurred a fee. (Id. at ¶ 48.) 28 On April 6, 2018, Plaintiffs initiated this action by filing suit. (Doc. No. 1.) On May 30, 2018, an amended complaint (“FAC”) was filed that alleges eight causes of action, namely: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) conversion; (4) unjust enrichment; (5) violation of the unfair prong of California’s Unfair Competition Law (“UCL”), CAL. BUS. & PROF. CODE § 17200, et seq; (6) violation of the fraudulent prong of the UCL; (7) violation of the California Consumer Legal Remedies Act (“CLRA”), CAL.…