Cortes

Background 23 Plaintiff Cesar Cortes (“Plaintiff”) filed a putative class action complaint against 24 Defendant Cabrillo Credit Union (“Defendant” or “Cabrillo”) alleging violations of the 25 Electronic Fund Transfer Act, Regulation E, 12 C.F.R. § 1005 et seq. and violation of 26 California’s Unfair Competition Law, California Business & Professions Code section 27 17200 for Defendant’s alleged practice of improperly assessing overdraft fees on 28 transactions covered by Regulation E. (Dkt. No. 1.) Pursuant to the court’s scheduling order, (Dkt. No. 22), Plaintiff filed a motion for leave to file an amended complaint to add an additional Regulation E violation, as well as a claim for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment/restitution and money had and received based on the Membership Application agreement. (Dkt. No. 34- 3, Ex. 1.) The proposed FAC also seeks to add an additional class constituting a Membership Application Class and amends the Regulation E Class to include those transactions beginning August 2010 until the date the Class is certified. (Id.) …