Johnson v. Capital One Bank

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Filed 8/12/04 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR CARLYN D. JOHNSON et al., Plaintiffs and Appellants, B169516 (Los Angeles County Super. Ct. No. BC284627) v. CAPITAL ONE BANK, ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendant and Respondent. THE COURT:* It is ordered that the opinion filed herein July 21, 2004, be modified as follows: 1. On page 7, the first sentence of the first full paragraph is deleted and the following sentence is inserted in its place: While the assessment of late fees and finance charges in a manner inconsistent with the cardmember agreements may be a breach of contract, it would also, if proven, constitute a violation of the provisions of TILA and Regulation Z. 2. Throughout the opinion, wherever the name Capitol One appears, it should be changed to: Capital One. There is no change in the judgment. Appellants petition for rehearing is denied. __________________________________________________________________ *EPSTEIN, Acting P.J., CURRY, J. 2

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