Legal Opinion
California Grocers Assn. v. Bank of America
California Court of Appeal
Decided February 4, 1994No. Docket Nos. A055112, A056217PublishedCited by 78 opinions
1Opinion of the Court
Opinion
BENSON, Acting P. J.—
I. Introduction
In this appeal we decide whether a $3 fee charged by Bank of America for one of its check-processing services is unconscionably high, and if so, whether the trial court erred in issuing an injunction limiting the fee to $1.73, which represents the bank’s cost plus a 15 percent markup for profit. We conclude the fee is not unconscionable, and even if it were, that fact could not support affirmative injunctive relief.
II. Background
A. The Prior Class Actions
The present litigation has its roots in class actions filed in 1977 against Bank of America,…
2Cases cited27 opinions
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
- Carma Developers (California), Inc. v. Marathon Development California, Inc.California Supreme Court · 1992
- Hume v. United StatesSupreme Court of the United States · 1889
- Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
22 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
- Sonic-Calabasas A, Inc. v. MorenoCalifornia Supreme Court · 2013
- Stirlen v. Supercuts, Inc.California Court of Appeal · 1997
- Rubio v. Capital One BankCourt of Appeals for the Ninth Circuit · 2010
- Lazar v. Hertz Corp.California Court of Appeal · 1999
73 more not listed; retrieve them via the Exa API.