Delapaz

Delapaz v. Bank of America, N.A.

Good Law
United States District Court, Southern District of CaliforniaApril 15, 20253:21-cv-01660California2,328 words

Opinion

Trial Court Opinion

Background 21 On September 21, 2021, the case was removed from state court. (Dkt. No. 1.) 22 Plaintiff alleges he was issued an account from BANA for the deposit of benefits from 23 the California Employment Development Department (“EDD”). (Dkt. No. 1-3, Compl. ¶ 24 5.) Because BANA failed to properly maintain Plaintiff’s personal information 25 regarding the account, unknown individuals accessed his account and personal 26 information, and withdrew his funds from ah ATM machine. (Id. ¶¶ 7-10.) Even though 27 Plaintiff disputed the unauthorized transaction with BANA and reported it to the police, 28 he claims that BANA did not conduct a reasonable investigation, did not refund the funds taken from his account, and as a result, he was unable to afford items he needed to buy. (Id. ¶¶ 12-16.) Plaintiff brings causes of action for violations of the California Customer Records Act (“CRA”) under Cal. Civil Code section 1798.80 et seq., the California Consumer Privacy Act (“CCPA”) pursuant to Cal. Civil Code section 1798.100 et seq., the Electronic Funds Transfer Act (“EFTA”), 15 U.S.C. § 1693 et seq., and negligence. On the same day when the case was…

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