Lamb v. Wells Fargo Bank

Filed 4/11/06 Lamb v. Wells Fargo Bank CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION 3

In these consolidated appeals, Andrea Chiang, et al., (Chiang ) and Fred Sondheimer (Sondheimer) contend the trial court erred by approving the settlement agreement reached in a class action brought against Wells Fargo Bank, N.A. (Wells Fargo). Sondheimer also challenges the attorney fee award approved by the trial court under the settlement agreement. We affirm. The trial court did not abuse its discretion in determining that the settlement agreement was fair, adequate, and reasonable, or in determining that the attorney fee request was appropriate.

BACKGROUND

In September 1999, Kendra Lamb and others filed a class action alleging Wells Fargo sold or disclosed its customers' confidential financial information without their informed consent. The First Amended Complaint filed in July 2000 alleges causes of action for invasion of privacy, unjust enrichment, violation of Civil Code sections 2223 and 2224, and violation of Business and Professions Code section 17200. Plaintiffs sought to enjoin Wells Fargo from selling or disclosing personal financial information absent a customer's written and informed consent, restitution and disgorgement of monies obtained by Wells Fargo from the sale of personal information to third parties, general and punitive damages, and attorney fees. In July 2001, the trial court certified a class consisting of â€