Civil Practice – Res Judicata – National Class Action Settlement – Banks & Banking

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Plaintiff’s claims all arise from the same factual basis: the defendant-bank’s admitted opening of an unauthorized or “fraudulent” account in plaintiff’s name. As the Western District, the Fourth Circuit, and the U.S. Supreme Court all held, plaintiff (1) met the class member description in Jabbari v. Wells Fargo & Co., No.15-CV-02159-VC, 2017 U.S. Dist. LEXIS 106294, 2017 WL 5157608, at *3, (N.D. Cal. July 8, 2017), aff’d sub nom., Jabbari v. Farmer, 813 F. App’x 259 (9th Cir. 2020), (2) had actual notice of the settlement in that national class action, and (3) had failed to affirmatively “opt out” to avoid the preclusive effect of the settlement.

Based on res judicata, the trial court properly dismissed plaintiff’s claim for failure to state a claim upon which relief could be granted.

Rogers v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 012-195-23, 7 pp.) (John Tyson, J.) Appealed from Caldwell County Superior Court (Mark Powell, J.) Raleigh Rogers, pro se; Bradley Kutrow and Abigail Golden for defendant. North Carolina Court of Appeals (unpublished)