California Court of Appeal

Reset A A Font size: Print

Am. Express Bank, FSB v. Kayatta, B223686

In American Express's suit for money damages against defendant, claiming that defendant failed to pay in full each and every charge that he personally made on a charge card account, trial court's judgment in the amount of $265,025.80 following an order granting summary judgment in favor of American Express is affirmed where: 1) there is no specific statutory language imposing upon American Express a duty to disclose to the basic cardmember that it, or one of its affiliates, obtained a judgment against an additional cardmember; 2) American Express did not have a duty to disclose to defendant that it had obtained a judgment against a third-party, as nothing in the record suggests a confidential relationship between American Express and defendant that would give rise to a duty to disclose material facts; and 3) the implied covenant of good faith and fair dealing does not impose a duty to disclose.

Appellate Information

  • Decided 11/24/2010
  • Published 11/24/2010

Judges

  • MANELLA

Court

  • California Court of Appeal

Counsel

Copied to clipboard