Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
23-15712
|
U.S. v. Hughes
Willful violations of the requirement to file Reports of Foreign Bank and Financial Accounts included reckless violations. |
Banking |
|
L. Koh | Aug. 22, 2024 |
22-529
|
Cantero v. Bank of America
Applying the Dodd Frank "significant interference" standard for state law preemption required a comparative analysis to determine whether it would fundamentally interfere with banks in their daily course of business. |
Banking |
|
B. Kavanaugh | May 31, 2024 |
D080136
|
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 |
|
J. Castillo | Jan. 3, 2024 |
A163264
|
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 |
|
J. Goldman | Jun. 1, 2023 |
A163264
|
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 |
|
J. Goldman | May 1, 2023 |
21-1195
|
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 |
|
N. Gorsuch | Mar. 1, 2023 |
145, Orig.
|
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 |
|
K. Jackson | Mar. 1, 2023 |
21-56271
|
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 |
|
B. Parker | Feb. 28, 2023 |
B309154
|
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Bank's agent for service of process, and consequently bank, was liable for funds withdrawn from account after agent was negligent in reading a notice of levy.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 |
|
B. Hoffstadt | May 6, 2022 |
S258019
|
Sheen v. Wells Fargo Bank
Banks do not have a duty of care to process, review and respond completely to loan modification applications. |
Banking |
|
T. Cantil-Sakauye | Mar. 8, 2022 |
20-55862
|
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 |
|
P. Watford | Dec. 21, 2021 |
16-70725
|
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 |
|
Mar. 13, 2018 | |
A146028
|
Fong v. East West Bank
Summary judgment reversed where no rule prevents depositor from bringing conversion claim against his or her bank. |
Banking |
|
A. Tucher | Jan. 11, 2018 |
14-35898
|
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 |
|
C. Callahan | Sep. 13, 2017 |
C081487
|
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 | |
C071882
|
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 | |
B259937
|
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 | |
B259937
|
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 | |
A142994
|
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 | |
14-16437
|
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 | |
B262509
|
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 | |
A142994
|
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 | |
H040487
|
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 | |
14-55235
|
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 | |
B251836
|
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 | |
G049028
|
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 | |
12-15587
|
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 | |
A138443
|
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 | |
12-15368
|
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 | |
11-17615
|
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 |