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Garrabrants v. Erhart
Trial court erroneously instructed the jury on invasion of privacy claim by instructing that bank customers have an unqualified reasonable expectation of privacy in financial documents given to the bank. 		Banking 4DCA/1 Jan. 3, 2024
Modification: State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 Jun. 1, 2023
State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 May 1, 2023
Bittner v. U.S.
Nonwillful violations of the Bank Secrecy Act's requirement to file an annual foreign bank account report accrue on a per-report rather than a per-account basis. 		Banking USSC Mar. 1, 2023
Delaware v. Pennsylvania
The Federal Disposition Act covered the proceeds of abandoned agent checks and teller's checks and thus should escheat to the state of purchase. 		Banking USSC Mar. 1, 2023
Credit One Bank v. Hestrin
State action to enforce consumer protection laws against a national bank implicated important state interests and was not an improper exercise of visitorial powers. 		Banking 9th Feb. 28, 2023
Bergstrom v. Zions Bancorporation
Bank's agent for service of process, and consequently bank, was liable for funds withdrawn from account after agent was negligent in reading a notice of levy. 		Banking 2DCA/2 May 6, 2022
Sheen v. Wells Fargo Bank
Banks do not have a duty of care to process, review and respond completely to loan modification applications. 		Banking CASC Mar. 8, 2022
Widjaja v. JPMorgan Chase Bank
Bank's earlier failure to take corrective action when it became aware of fraudulent transfers made it plausible that it would again fail to take corrective action if later notified by the account-holder. 		Banking 9th Dec. 21, 2021
California Pacific Bank v. Federal Deposit Insurance Corporation
A financial institution must establish and maintain procedures ensuring adequate controls, independent testing, administration, and training under the Bank Secrecy Act 		Banking 9th Mar. 13, 2018
Fong v. East West Bank
Summary judgment reversed where no rule prevents depositor from bringing conversion claim against his or her bank. 		Banking 1DCA/2 Jan. 11, 2018
Campidoglio LLC v. Wells Fargo & Co.
Borrowers win partial victory in dispute over calculation of interest rate fees due to erroneous ruling that claim is preempted by Home Owners’ Loan Act. 		Banking 9th Sep. 13, 2017
Berman v. HSBC Bank USA
Allegation that letter informing borrower of denial of loan modification application of 15-day appeal window shows violation of Civil Code Section 2923.6, which provides 30-day window to appeal. 		Banking May 4, 2017
Mendoza v. JPMorgan Chase Bank N.A.
Borrower does not have standing to challenge alleged irregularities in securitization of her loan because her allegations suggest assignment was voidable rather than void. 		Banking Dec. 14, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. 		Banking Oct. 6, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. 		Banking Oct. 4, 2016
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. 		Banking Aug. 18, 2016
Davis v. Hollins Law
Collection agency voicemail not violative of Fair Debt Collection Practices Act for failing to inform debtor of intent to collect debt due to extended prior communication. 		Banking Aug. 9, 2016
Yhudai v. Impac Funding Corp.
Plaintiff cannot challenge nonjudicial foreclosure on ground of voidable beneficial interest and promissory note assignment due to non-party status. 		Banking Aug. 2, 2016
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. 		Banking Jul. 21, 2016
Daniels v. Select Portfolio Servicing Inc.
Homeowners successfully win reversal and remand in action against loan servicer and others on claims relating to attempted loan modification of adjustable rate mortgage. 		Banking Apr. 27, 2016
Diaz v. Kubler Corp.
Debtor does not violate FDCPA when it seeks prejudgment interest on a vested debt under California law even without a prior judgment. 		Banking May 12, 2015
Phillips v. Bank of America
Bank's service fees applied to Coogan Trust Accounts deemed impermissible withdrawals in violation of Family Code. 		Banking Apr. 28, 2015
HH Computer Systems Inc. v. Pacific City Bank
Banks that received and deposited forged checks from check cashing companies may be liable for failing to make sure endorsements were valid. 		Banking Nov. 9, 2014
Vathana v. EverBank
Investor’s class action continues against bank as to conversion rate used in paying Icelandic krona-denominated certificates of deposit after Iceland's 2008 financial collapse. 		Banking Nov. 2, 2014
Alvarez v. BAC Home Loans Servicing L.P.
Bank must face homeowner’s negligence claim because it owes him duty to use reasonable care in processing homeowner’s application for loan modification. 		Banking Aug. 7, 2014
Rundgren v. Washington Mutual Bank F.A.
Federal court lacks jurisdiction to hear homeowners’ fraud claims against failed banking institution, which was placed into receivership of Federal Deposit Insurance Co. 		Banking Jul. 29, 2014
Robinson v. American Home Mortgage Servicing Inc.
Borrowers may pursue claims against private electronic mortgage registration system that alleged use of system caused filing of numerous false documents. 		Banking Jun. 13, 2014
Legendary Investors Group No. 1 LLC v. Niemann
Bank’s decision to draw from $841,280 letter of credit does not extinguish entire $9.3 million debt, because debt was clearly not paid in full. 		Banking Mar. 26, 2014
Deutsche Bank National Trust Co. v. Federal Deposit Insurance Corp.
Deutsche Bank may not pursue claims against FDIC for sales of IndyMac assets, because its low priority as a creditor made it unable to recover anything. 		Banking Mar. 12, 2014
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