Jewett v. Capitol One Bank
Filed 4/26/06 Jewett v. Capitol One Bank CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION TWO
| BEVERLY JEWETT, Plaintiff and Appellant, v. CAPITAL ONE BANK et al., Defendants and Respondents. | B179794 (Los Angeles County Super. Ct. No. BC253750) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Paul Gutman, Judge. Affirmed.
Law Offices of Barry L. Kramer and Barry L. Kramer for Plaintiff and Appellant.
Morrison & Foerster, James F. McCabe, James R. McGuire, and Seta Arabian for Defendants and Respondents.
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In 2001, appellant Beverly Jewett (Jewett) filed this class action against defendants and respondents Capital One Bank and Capital One, F.S.B. (collectively Capital One), contending that Capital One engages in misleading and deceptive credit card marketing practices. Capital One responded to the complaint by filing a demurrer, motion to strike, and special motion to strike pursuant to Code of Civil Procedure section 425.16,[1] California's anti-SLAPP[2] statute.
The trial court granted Capital One's anti-SLAPP motion, and Jewett appealed. On November 25, 2003, we reversed the trial court's order, concluding that Jewett's claims against Capital One were not subject to the anti-SLAPP statute. (Jewett v. Capital One Bank (2003) 113 Cal.App.4th 805, 815.) On remand, the trial court considered Capital One's previously filed demurrer. It sustained that demurrer without leave to amend on the grounds that Jewett's claims were preempted by federal law, namely the Fair Credit Reporting Act (FCRA).
Jewett challenges this trial court order arguing that her claims are not federally preempted. We affirm. We need not determine whether Jewett's claims are federally preempted. As a matter of law, Jewett has not, and cannot, state a claim for deceptive or misleading marketing practices.
FACTUAL AND PROCEDURAL BACKGROUND
The Complaint
On July 6, 2001, Jewett filed this class action against Capital One, alleging that Capital One engages in misleading and deceptive credit card marketing practices. Specifically, she alleged that Capital One mailed solicitations for credit cards, stating that the recipient was â€
