Schertzer

Schertzer v. Bank of America, N.A.

Good Law
United States District Court, Southern District of CaliforniaSeptember 28, 20203:19-cv-00264California10,879 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KRISTEN SCHERTZER, et al., on behalf Case No.: 19cv264 JM(MSB) of themselves and all others similarly 12 situated, ORDER ON MOTIONS TO DISMISS 13 Plaintiffs, 14 v. 15 BANK OF AMERICA, N.A, et al., 16 Defendants. 17 I. INTRODUCTION Plaintiffs Kristen Schertzer, Meagan Hicks and Brittany Covell have brought this putative class action case, on behalf of themselves and all others similarly situated, against Bank of America, N.A., Cardtronics Inc., FCTI, Inc., and Cash Depot Ltd. (collectively “Defendants”) essentially claiming deceptive, misleading, and unwarranted practices have been employed in the charging and collecting of bank balance inquiry fees. Presently before the court are four motions to dismiss filed pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Doc. Nos. 97, 98, 99, 100.) The motions have been fully briefed and the court finds them suitable for submission on the papers and without oral argument in accordance with Civil Local Rule…

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