SAN DIEGO — A 91-year-old San Diego County man is suing Bank of America and his daughter, alleging abuse, fraud, negligence and unjust enrichment.
Fred Hawkins filed a complaint Sept. 26 in U.S. District Court for the Southern District of California against Bank of America and Beryl Hawkins, alleging that they breached their duties of good faith and fair dealing.
According to the complaint, on Aug. 22, 2016, Fred Hawkins suffered substantial economic harm as a result of the fraudulent actions of Beryl Hawkins, one of his two adult daughters. The suit says she stole her father's life savings by liquidating two certificates of deposit for $472,810.66 and transferring an additional $123,000 from the plaintiff's checking account to her own accounts.
The suit says Fred Hawkins was further damaged by Bank of America's refusal to immediately freeze Beryl Hawkins' account despite being informed that the transfers were not authorized.
The plaintiff alleges the defendants refused to execute an authorization allowing the bank to return the funds to him, failed to detect and stop suspicious transactions, and failed to adhere to its statutory responsibilities and its own policies and guidelines.
Fred Hawkins seeks trial by jury, judgment for compensatory, treble, double and punitive damages, the return all money taken, attorney fees, costs, expenses, constructive trust, interest and all further relief the court deems just. He is represented by attorney Robert L. Hill of Law Offices of Robert L. Hill APC in Calsbad, California.
U.S. District Court for the Southern District of California case number 17-C-01954