California Court of Appeal

A bank may not for account service fees debit a so-called Coogan Trust Account -- a statutorily required account to preserve 15 percent of a minor‟s gross earnings for artistic or creative services for the benefit of the minor until the minor turns 18 or is emancipated (Fam. Code, §6750 et seq.) (Coogan Law) -- because of the statutory ban on withdrawals from a Coogan Trust Account without court approval (section 6753, subd. (b)). Such a debit, without court approval, is a prohibited withdrawal under the applicable state statute, and that state law prohibition on a debit by a national bank is not preempted by federal law.

Appellate Information

• Decided 04/28/2015
• Published 04/28/2015

Judges

• MOSK

Court

• California Court of Appeal

Counsel