Logourl black
From our private database of 14,100+ case briefs...

Perdue v. Crocker Nat'l Bank

Supreme Court of California
702 P.2d 503 (1985)


Facts

Perdue (plaintiff) filed a class action lawsuit on behalf of all customers who maintained checking accounts with Crocker National Bank (the Bank) and identified a subclass of customers who had paid charges to the Bank related to fees assessed for the processing of checks drawn on accounts without sufficient funds. These checks were referred to as NSF checks, and the fees were referred to as NSF charges. The lawsuit was filed on July 3, 1978, and the Bank was charging $6 for each NSF check. Perdue asserted that the actual cost incurred by the Bank for each NSF check was approximately $0.30. The Bank required each customer to sign a signature card. The card was used to verify the indorsements on checks. However, the card contained a provision typed in very small, six-point font that stated that the customer agreed that the account was subject to the Bank’s present and future rules, regulations, practices, and charges. The Bank did not provide customers with a copy of the applicable bank rules or regulations. Perdue asserted that the Bank would unilaterally increase the NSF charge without explanation or justification. Perdue sought a declaratory judgment that the signature card did not constitute a contract and that the NSF charge was oppressive and unconscionable. The trial court dismissed the complaint, and Perdue appealed to the Supreme Court of California.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Broussard, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.