In a compelling legal battle, a senior citizen has taken on a major banking institution, alleging severe financial misconduct. Benny Ignacio, represented by Legal Assistance to the Elderly, filed a complaint against US Bank National Association in the Superior Court of California, County of San Francisco, on January 10, 2025. The lawsuit accuses US Bank of failing to protect Ignacio's funds from fraudulent activity and neglecting their duty to reimburse him for significant financial losses.
The case centers around an alarming discovery made by Ignacio on August 29, 2024. He noticed $1,000 missing from his checking account with US Bank. Upon further investigation at his local branch the following day, he uncovered that thirteen checks totaling $32,105 had been fraudulently issued from his account between March and August 2024. These checks were made out to an unknown individual named Jessica Cleary and deposited via mobile deposit. Despite reporting this unauthorized activity immediately and closing his compromised account, Ignacio was informed by US Bank in October that only $105 could be recovered.
Ignacio's complaint outlines multiple causes of action against US Bank. The first cause alleges negligent violation of statutory duties under various sections of the California Commercial Code and Penal Code. It asserts that US Bank improperly processed checks lacking Ignacio's authorization or signature and failed to credit his account after being notified of the fraud. The second cause claims intentional tortious violation of statutory duties, seeking punitive damages for what is described as deliberate harm caused by the bank's actions.
Further intensifying the case is a third cause alleging elder financial abuse under Welfare & Institutions Code § 15610.30 et seq., highlighting Ignacio's vulnerability as an 82-year-old senior citizen at the time of the incident. This claim emphasizes how US Bank exploited its position over Ignacio by withholding restitution for unauthorized transactions despite knowing the potential harm to him.
The fourth cause addresses unfair business practices under Business & Professions Code § 17200 et seq., accusing US Bank of engaging in unlawful and fraudulent practices not only towards Ignacio but potentially affecting other customers similarly situated in California.
Ignacio seeks comprehensive relief from the court including general and special damages across all causes of action; treble damages; reasonable attorney fees; injunctive relief; restitution; punitive damages; and specific preventative measures against future occurrences by US Bank.
Representing Benny Ignacio are attorneys Richard Hurlburt and Arianna Cook-Thajudeen from Legal Assistance to the Elderly. The case is presided over in San Francisco Superior Court under Case No. CGC-25-62130.