Nature of Proceedings: Motion: Amend/Modify Order Certifying Class
On April 4, 2012, the court certified a class consisting of “All individuals in the State of California who were enrolled in any Wells Fargo Bank, N.A., business checking debit rewards program from April 23, 2000, to the present, and charged a fee therefor, without agreement and authorization” with respect to plaintiffs’ claims for violation of Business and Professions Code section 17200 et seq. (the “UCL”), for breach of contract, and for unjust enrichment arising out of those enrollments. In making this ruling, the court recognized that the class’s definition as beginning on April 23, 2000, was a matter of convenience because of evidence that the rewards program at issue began on January 1, 2004. Both parties agree that there are no class members who were enrolled between April 23, 2000, and December 31, 2003. (Motion, at p. 1; Opposition, at p. 2.)

Defendant Wells Fargo Bank, N.A., (“Wells Fargo”) now move