Miller v. BANK OF AMERICA, NT & SA

Opinion

MORENO, J.

Relying upon our decision in Kruger v. Wells Fargo Bank (1974) 11 Cal.3d 352, 356 [113 Cal.Rptr. 449, 521 P.2d 441] (Kruger), account holders who deposited Social Security or other public benefit funds into checking or savings accounts and then overdrew those accounts contend that Bank of America, NT & SA, may not recoup the overdrawn amounts and charge insufficient funds fees for each transaction that results in an overdraft. In Kruger, we held that a bank may not satisfy a credit card debt by deducting the amount owed from a separate checking account containing deposits…