Thank you, B.
There are no federal or state laws as to "bank responsibilities." This falls under common law
if someone wants to sue the bank for cause.
The facts that your wife has access to your main account(s) does not mean that she should have access to all others.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, this may be enough for two causes of action:
NEGLIGENCE: The elements of an action for negligence are the existence of duty (the obligation to other persons to conform to a standard of care to avoid unreasonable risk of harm to them); breach of duty (conduct below the standard of care); causation (between the defendant's act or omission and the plaintiffs injuries); and damages. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614, 76 Cal.Rptr.2d 479, 957 P.2d 1313.
) It can be argued here that they had a duty to ensure that no unauthorized person had access to your accounts. Since they did, and you were injured as a result, this may be seen as negligence.
BREACH OF FIDUCIARY DUTY
: A fiduciary relationship is ... any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party. Such a relation ordinarily arises where a confidence is reposed by one person in the integrity of another, and in such a relation the party in whom the confidence is reposed, if he voluntarily accepts or assumes to accept the confidence, can take no advantage from his acts relating to the interest of the other party without the latter’s knowledge or consent... Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29 [130 Cal.Rptr.2d 860]
, internal citations omitted.) Breach of that duty gives rise to breach of fiduciary duty cause of action.
As such, someone in your situation may have a suit for these two causes of action. Whether or not one wishes to pursue is up to that individual, of course.
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