California Court of Appeal

Under Financial Code section 864, which limits a bank's right to setoff a matured debt from an extension of credit to a natural person primarily for personal, family, or household purposes, an "extension of credit" occurs when the bank issues a credit card and not when a debt is created by the use of a credit card.

Appellate Information

• Decided 08/09/2001
• Published 08/10/2001

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Randall L. Wiens, Sacramento, for Plaintiffs and Appellants.


• For Appellees:
  
• Murphy, Pearson, Bradley & Feeney, Gregory A. Bastian, and Mark E. Ellis, Sacramento, and Alan M. Steinberg for Defendant and Respondent.