People v. Whight
California Court of Appeal for the Third District
43 Cal.Rptr.2d 163 (1995)
In January 1991, Whight (defendant) opened a checking account, for which he received an ATM card. Within a few months, he had overdrawn on the account. After Whight failed to replenish his account within a certain timeframe, the bank closed his account. But Whight afterwards discovered that the ATM card still worked at certain Safeway markets. Safeway allowed market customers to get cash back when they made purchases with an ATM card. Each time a customer used an ATM card, Safeway’s computer system communicated with Wells Fargo to verify the cards. Wells Fargo would contact the customer’s banks and would issue a code of approval or disapproval to Safeway. But if Wells Fargo was unable to communicate with the customer’s bank, it would simply issue Safeway a stand-in code to approve the transaction. Safeway would issue the money and later verify the ATM card. After discovering that he could obtain money through this system, Whight used his ATM card at four Safeway markets and withdrew over $19,000. Each time, the computer system had an error that caused Wells Fargo to issue Safeway a stand-in code. Whight was subsequently convicted for grand theft by false pretenses.
Rule of Law
Holding and Reasoning (Sparks, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.