UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRISTEN SCHERTZER; No. 23-55104 BRITTANY COVELL, individually and on behalf of all others similarly D.C. No. situated, 3:19-cv-00264- JM-MSB Plaintiffs-Appellants, v. OPINION BANK OF AMERICA, NA,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted May 13, 2024 Pasadena, California

Filed July 29, 2024

Before: Ronald Lee Gilman, * Ronald M. Gould, and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Judge Gould * The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. 2 SCHERTZER V. BANK OF AMERICA, NA

SUMMARY **

Breach of