Peter Fong v. U.S. Bancorp

FILED

NOT FOR PUBLICATION

JUL 17 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER FONG; SUT FONG, No. 23-16186

Plaintiffs-Appellants, D.C. No. 2:22-cv-01291-MCE-KJN v.

U.S. BANCORP; U.S. BANK MEMORANDUM*

NATIONAL ASSOCIATION,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted June 12, 2024 Pasadena, California

Before: W. FLETCHER, CHRISTEN, and VANDYKE, Circuit Judges. Partial Dissent by Judge VANDYKE.

Plaintiff-Appellants Peter Fong and Sut Fong opened a safe deposit box at a

U.S. Bank branch (“the branch”) in Sacramento in 2000. They stored a substantial

amount of cash, gold, and jewelry in the box. In 2013, the branch had trouble

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. opening the door to the slot where the Fongs’ box was stored because the branch’s

key did not work properly. The branch asked the Fongs to move…