Allan Parks, Plaintiff and Appellant v. Mbna America Bank, N.a., Defendant and Respondent

Summary

The court held that federal banking law preempts California Civil Code section 1748.9, which requires specified disclosures on convenience checks issued by national banks. The state law impermissibly conditions the federally authorized power to loan money on personal security and significantly impairs national banks through prescriptive content, language, format, and attachment requirements. The court rejected the need for a bank-specific factual showing of impairment, reversed the Court of Appeal, and remanded for further proceedings.