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This case was last updated from PACER on 06/15/2021 at 16:21:47 (UTC).

Wells Fargo Bank, N.A. v. Daniels

Case Summary

On April 16, 2021, Wells Fargo Bank, N.A. (“Wells Fargo” or “Plaintiff”), represented by Eric Andrew Bevan and Joseph A. Milano of Fox Rothschild LLP, filed a civil action complaint against Raymond Daniels and Does 1 through 10, inclusive (“Daniels” or “Defendants”), seeking damages with prejudgment interest and costs for alleged breach of contract and alleged unjust enrichment by the Defendant. This case was filed in the U.S. District Court for the Eastern District of California with Judge Jennifer L. Thurston presiding. 

 

In its complaint, the Plaintiff alleged that “On or about June 22, 2017, Daniels, along with his wife, Elena Foster (“Foster”) executed a Business Account Application in the name of Advanced Panel Systems LLC (the “Advanced Panel Account”). Both Daniels and Foster were listed as signatories on the Advanced Panel Account; Foster was listed as having a 51% ownership interest, and Daniels a 49% ownership interest.”

 

The Plaintiff further alleged that “On or about February 11, 2020, Daniels executed a Consumer Account Application to open an account in solely his name (the “Daniels Account”). On or about June 19, 2020, Foster executed a Consumer Account Application to open an account in solely her name, without Daniels (the “Foster Account”). The Business Account Application and the Consumer Account Applications for each of the aforementioned accounts provide that the respective accounts are governed by an account agreement (the “Account Agreement”). Page 15 of the Account Agreement provides that an account holder must indemnify and hold Wells Fargo harmless from all losses and expenses (including attorneys’ fees and expenses) arising out of or in any way connected with Wells Fargo’s performance under the Account Agreement, and that such indemnification will survive the termination of the Account Agreement. Page 45 of the Account Agreement provides that an account holder may not use their card or account for any illegal purpose.  On June 22, 2020, Daniels, without authorization, made a transfer of $100,000.00 from the Foster Account to the Advanced Panel Account (the “Advanced Panel Transfer”).  The next day, on June 22, 2020, Daniels made a transfer of $99,000.00 from the Advanced Panel Account to the Daniels Account (the “Daniels Transfer”). Prior to the Daniels Transfer, the Daniels Account had a negative balance of -$14.30.”

 

The Plaintiff also alleged that “Between June 22, 2020, and June 29, 2020, Daniels dissipated the funds from the Daniels Transfer by way of debit card purchases, Zelle debit transfers, ATM withdrawals, and online transfers. As a result of this dissipation of funds, by June 29, 2020, the Daniels Account was overdrawn again. On June 21, 2020, after receiving an email alert from Wells Fargo, Foster reported possible fraudulent activity due to the Advanced Panel Transfer. Foster suspected her estranged husband, Daniels, was responsible since he was the payee. Wells Fargo investigated Foster’s complaint, ultimately concluding that the Advanced Panel Transfer and Daniels Transfer were fraudulent. Wells Fargo subsequently credited the Foster Account $100,000 due to the unauthorized transfers by Daniels.” 

 

There are four claims for relief laid down by the Plaintiff. The first claim is for alleged breach of contract; the second claim is for alleged unjust enrichment; the third claim is for alleged express contractual indemnity; and the fourth claim is for money allegedly had and received.

 

In its prayer for relief, the Plaintiff has requested the Court to award damages of at least $100,000.00 for indemnification of all damages, but at least $100,000.00 along with attorneys’ fees and expenses as authorized under the Account Agreement and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00643

  • Filing Date:

    04/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    California Eastern District

Judge Details

Referral Judge

Jennifer L. Thurston

 

Party Details

Plaintiff

Wells Fargo Bank, N.A.

Defendant

Raymond Daniels

Attorney/Law Firm Details

Plaintiff Attorneys

Eric Andrew Bevan

Attorney at Fox Rothschild LLP

Esperante Building, 222 Lakeview Ave, Suite 700

West Palm Beach, FL 33401

Joseph A. Milano

Attorney at Fox Rothschild LLP

Suite 900, 10250 Constellation Blvd.

Los Angeles, CA 90067

 

Court Documents

5 #5

VDRP

5 #4

Order re Consent

5 #3

Standing Order re Judicial Emergency

5 #2

Standing Order

5 #1

JLT Worksheet

#5

(#5) CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 7/14/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Order re Consent, #5 VDRP) (Rivera, O) (Entered: 04/16/2021)

#4

(#4) SUMMONS ISSUED as to *Raymond Daniels* with answer to complaint due within *21* days. Attorney *Joseph A. Milano* *Fox Rothschild LLP* *10250 Constellation Blvd., Suite 900* *Los Angeles, CA 90067*. (Rivera, O) (Entered: 04/16/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT by Plaintiff Wells Fargo Bank, N.A.. (Ungaro, Joseph) (Entered: 04/16/2021)

#2

(#2) CIVIL COVER SHEET by Wells Fargo Bank, N.A. (Ungaro, Joseph) (Entered: 04/16/2021)

#1

(#1) COMPLAINT against Raymond Daniels by Wells Fargo Bank, N.A.. Attorney Ungaro, Joseph Anthony added. (Filing fee $ 402, receipt number 0972-9548506) (Ungaro, Joseph) (Entered: 04/16/2021)

 

Docket Entries

  • 04/16/2021
  • View Court Documents
  • Docket(#5) CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 7/14/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Order re Consent, #5 VDRP) (Rivera, O) (Entered: 04/16/2021)

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  • 04/16/2021
  • View Court Documents
  • Docket(#4) SUMMONS ISSUED as to *Raymond Daniels* with answer to complaint due within *21* days. Attorney *Joseph A. Milano* *Fox Rothschild LLP* *10250 Constellation Blvd., Suite 900* *Los Angeles, CA 90067*. (Rivera, O) (Entered: 04/16/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#3) CORPORATE DISCLOSURE STATEMENT by Plaintiff Wells Fargo Bank, N.A.. (Ungaro, Joseph) (Entered: 04/16/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET by Wells Fargo Bank, N.A. (Ungaro, Joseph) (Entered: 04/16/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Raymond Daniels by Wells Fargo Bank, N.A.. Attorney Ungaro, Joseph Anthony added. (Filing fee $ 402, receipt number 0972-9548506) (Ungaro, Joseph) (Entered: 04/16/2021)

    Read MoreRead Less
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