California Court of Appeal

Dismissal of class action complaint seeking monetary and injunctive relief against defendants, in case involving tax refund application loans, is reversed as the trial court erred in concluding that federal law, in the form of regulations of the Office of the Comptroller of the Currency, expressly preempted plaintiffs' claims.

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

• COFFEE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Sturdevant Law Firm, James C. Sturdevant, Monique Olivier, San Francisco;  The National Consumer Law Center, Stuart Rossman, Chi Chi Wu, Boston, MA, for Plaintiffs and Appellants Canieva Hood and Congress of California Seniors., Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Michele R. Van Gelderen, Deputy Attorney General, for Attorney General Bill Lockyer as Amicus Curiae in support of Plaintiffs and Appellants., Eric Halperin, Washington, DC, Kathleen Keest, Amanda Quester for Center for Responsible Lending and National Association of Consumer Advocates as Amici Curiae in support of Plaintiffs and Appellants.


• For Appellees:
  
• Sheppard, Mullin, Richter & Hampton LLP, D. Ronald Ryland, San Francisco, for Defendants and Respondents Santa Barbara Bank & Trust, a division of Pacific Capital Bank, N.A., and Pacific Capital Bank N.A.;   Stroock & Stroock & Lavan LLP, Julia B. Strickland, Stephen J. Newman, Deborah E. Barack, Nancy M. Lee, Los Angeles, for Defendants and Respondents Beneficial National Bank, Household Bank, F.S.B., HSBC Taxpayer Financial Services Inc., formerly known as Household Tax Masters, Inc. and JPMorgan Chase Bank, N.A., successor by merger to Bank One, N.A. (Ohio).