Beasley v. Wells Fargo Bank

Opinion

REARDON, J.

I. Introduction

In this case we affirm a $5,227,617 judgment in a class action which challenged Wells Fargo Bank’s assessment of fees against credit card customers who failed to make timely payments or exceeded their credit limits.

We hold as follows: (1) although there is no right to a jury trial on an affirmative claim for relief from liquidated damages, a jury trial was proper here because the plaintiffs sought defensive relief by opposing a cross-complaint; (2) the judge erred in submitting to the jury the legal question whether the challenged fees were valid as liquidated…