Hekmat

FACTS

Plaintiff sued his cousin Jonathan Mahboubi, the cousin’s fiancée Candice Hassid, and MidFirst Bank, which is the only respondent in this appeal. After many rounds of pleading and demurrers (where the court rejected plaintiff’s theory that the bank was vicariously liable for Ms. Hassid’s alleged torts), plaintiff’s fifth amended complaint stated only one cause of action against the bank for negligence. The fifth amended complaint alleged that on September 17, 2016, Mr. Mahboubi asked plaintiff for a short-term loan of

2 $2 million for an “embarrassing personal emergency.” Plaintiff did not know his cousin was a compulsive gambler, with millions of dollars in gambling debts. Mr. Mahboubi agreed to repay the loan within nine months, or immediately upon demand by plaintiff, and in no event later than October 31, 2016, because plaintiff needed the funds for pending real estate transactions. Mr. Mahboubi told plaintiff he was owed a $5 million finder’s fee for a real estate transaction. In reliance on this representation, plaintiff agreed to make the loan. Plaintiff told Mr. Mahboubi he himself would have to borrow money to finance the loan to his cousin, and they agreed Mr.…