Wells Fargo Sued Over Customer's Missing Jewelry

News October 31, 2023 at 03:06 PM
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A longtime Wells Fargo customer has filed a lawsuit against the institution over a missing safe deposit box that she said contained at least $32,000 in jewelry, including items with sentimental value.

Cedina Kim, a Los Angeles resident, accuses Wells Fargo and numerous unidentified "Doe" defendants of negligence, breach of fiduciary duty, conversion (intentionally taking someone's goods), unjust enrichment and unfair business practices.

Among other alleged violations, Kim accuses the bank and co-defendants of theft under a California penal code covering receiving stolen property.

The defendants "knowingly and willfully conspired and agreed among themselves to commit the acts," conspiring "to misappropriate and steal the property of plaintiff or cause (her) property in the safe deposit box to go missing," the lawsuit alleges.

Kim, who had a safe deposit box for nearly 19 years, "was shocked when she went to retrieve her valuables only to learn that the Wells Fargo safe deposit box and all Ms. Kim's property that had been entrusted inside that box vanished. Ms. Kim's property was wrongfully taken or stolen," the complaint alleges.

Kim had placed jewelry in the safe deposit box after her mother, newly diagnosed with cancer, gave the items to her in 2019, according to the complaint. Her mother died a few months later.

"The devastating situation arising from Ms. Kim's mother's death has been made even more heart-breaking with the loss of Ms. Kim's highly sentimental jewelry that was wrongfully taken from Ms. Kim's safe deposit box she entrusted with defendant Wells Fargo," the lawsuit said.

Wells Fargo notified Kim last year that it was closing the branch housing her safe deposit box and that she should close the box by Sept. 23, 2022, the suit says. Since the branch was closing and Kim didn't have time to find her key, a bank employee waived the drilling fee.

After a worker drilled and opened the safe deposit box door, "the driller announced that the internal removable metal box was missing," the lawsuit says. "The entire internal metal box with all Ms. Kim's contents was gone without her knowledge or consent."

The missing items include an 18K Bulgari gold/amethyst cabochon ring, a Tiffany braided diamond and platinum ring, a diamond and 14K gold full channel set diamond ring, diamond solitaire earrings set in platinum, 1.75 carat total, a Mikimoto 18K gold and pearl necklace, a Cartier Panther ladies watch and a small Rolex lady's watch.

Safe deposit box entrance records show that Kim was the only person authorized to access her safe deposit box and that the last time she did so was on May 13, 2019, according to the complaint, which says there's no entry showing anyone else had accessed the box between that date and the drilling.

Kim initiated a complaint with Wells Fargo and filed a police report, the lawsuit says. After  several months, the detective assigned to the matter "expressed frustration to Ms. Kim with defendant Wells Fargo's failure to cooperate with his investigation, specifying that Wells Fargo was 'giving [him] the run around' and that he was 'getting stonewalled' by Wells Fargo," the suit says.

"Ms. Kim also received conflicting and confusing responses and has been baffled by defendant Wells Fargo's managers' ongoing reluctance to communicate readily by email in this day and age," it says.

Kim made a final demand for return of her property on Aug. 22.

"To date, Ms. Kim has not received back any of her irreplaceable jewelry," the lawsuit says.

The case, filed in California Superior Court last month and removed to U.S. District Court for the Central District of California on Monday, seeks at least $32,000 in actual damages and three times that amount on the theft claim, as well as punitive damages.

Wells Fargo provided the following statement to ThinkAdvisor on Tuesday: "Wells Fargo has robust requirements related to safe deposit box security. We are researching this matter, at this point, we don't see any facts that would justify the claim made by the customer."

Photo: Bloomberg

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