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LOPEZ v. WORLD SAVINGS & LOAN ASSN.

No. A095666.

130 Cal.Rptr.2d 42 (2003)

105 Cal.App.4th 729

Myrtle A. LOPEZ, Plaintiff and Appellant, v. WORLD SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

Review Denied May 14, 2003.

Attorney(s) appearing for the Case

Thomas E. Alborg, Michael John Veiluva, James C. Jardin, Walnut Creek, Alborg, Veiluva & Cannata, for Plaintiff and Appellant Michael A. Lopez.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Michele R. Van Gelderen, Deputy Attorney General, Amicus Curiae for the Attorney General on behalf of Plaintiff and Appellant.

Barry D. Hovis, San Francisco, Walter J.R. Traver, Rancho Mirage, Musick, Peeler & Garrett, LLP, for Defendant and Respondent World Savings & Loan Association.

Carolyn J. Buck, Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Paul K. Hutson, Senior Attorney, Amicus Curiae for The Office of Thrift Supervision on behalf of Defendant Respondent.

POLLAK, J.

Class action plaintiff challenges the practice of a federal savings and loan association of charging a fee of $10 for the transmission of a payoff demand statement by fax, over and above the fee authorized by Civil Code section 2943, subdivision (e)(6) for furnishing such a statement. Plaintiffs causes of action for violating this section and for engaging in an unfair, deceptive and unlawful business practice in violation of Business and Professions Code...

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