Ninth Circuit -- VERONICA GUTIERREZ V. WELLS FARGO BANK, N.A.

No error in denying arbitration, as demand for arbitration was not filed until well into the pendency of the case and subsequent to the Scotus decision requiring such requests to be honored.

State good faith requirement is preempted by federal statute allowing banks to set posting order for transactions.

State law prohibiting fraudulent or misleading characterizations as to transaction posting order is not preempted.

No clear error as to standing, class certification. 

Sufficient proof of misleading statements.

VERONICA GUTIERREZ V. WELLS FARGO BANK, N.A.