Wells Fargo Bank v. Superior Court

Opinion

LUCAS, C. J.

—Three former branch office managers of a national bank brought suit seeking damages under California law for the bank’s alleged wrongful termination of their employment. The bank contends their state law causes of action are preempted by the National Bank Act of 1864, which provides that a national bank’s “officers” serve at the pleasure of its board of directors. (12 U.S.C. § 24, Fifth & Sixth; the National Bank Act *1086will also be referred to as the Act, and section 24 will be referred to as section 24 or the statute.) We consider two issues: (1) were plaintiffs “officers”…