Parks v. MBNA America Bank 5/12/10 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G040798

Case Date: 09/02/2010

Preview:Filed 5/12/10

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

ALLAN PARKS, Plaintiff and Appellant, v. MBNA AMERICA BANK, N.A., Defendant and Respondent. G040798 (Super. Ct. No. 04CC00598) OPINION

Appeal from a judgment of the Superior Court of Orange County, Gail Andrea Andler, Judge. Reversed. Rosner & Mansfield, Michael R. Vachon; Law Office of Michael R. Vachon and Michael R. Vachon for Plaintiff and Appellant. Arnold & Porter, Laurence J. Hutt, Teri R. Richardson, and Christopher S. Tarbell for Defendant and Respondent. Edmund G. Brown Jr., Attorney General, Frances T. Grunder, Assistant Attorney General, Kathrin Sears and Sheldon H. Jaffe, Deputy Attorneys General, for the Attorney General of the State of California as Amicus Curiae upon the request of the Court of Appeal.

Horace G. Sneed, Director of Litigation, and Douglas B. Jordan, Senior Counsel, for the Office of the Comptroller of the Currency Administrator of National Banks as Amicus Curiae upon the request of the Court of Appeal.

Civil Code section 1748.9 (section 1748.9) requires credit card issuers engaged in extending credit to cardholders by means of a "preprinted check or draft" (known as "convenience checks" in the industry) to "disclose on the front of an attachment that is affixed by perforation or other means to the preprinted check or draft, in clear and conspicuous language, all of the following information: [

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