California Court of Appeal

Miller v. Bank of America, C057896

In a class action complaint alleging that California and Arizona "holiday statutes" prohibit defendant-Bank of America from charging late fees or interest for credit card payments "posted on the first business day after a Holiday due date, when such fee[s] or interest would not have been due if the payment was posted on the Holiday due date", judgment rejecting plaintiffs' claim is affirmed where: 1) the state holiday statutes do not apply to a national bank's credit card payment due dates; because 2) the state holiday statutes are preempted by federal law stating that a national bank may make non-real estate loans without regard to state law limitations concerning the terms of credit; and 3) the terms of credit include schedule for repayment of principal and interest and the payments due.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

• DAVIS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Law Office of Edward P. Dudensing, Sacramento, and Christopher S. Buckley, for Plaintiffs and Appellants.


• For Appellees:
  
• Arnold & Porter, Laurence J. Hutt and Teri R. Richardson, Los Angeles, for Defendant and Respondent.