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Attorney Can’t Recover Stolen Money From Banks

LOS ANGELES (CN) - An attorney whose former officer manager stole clients' money from bank accounts she opened in the attorney's name by forging his signature cannot sue the banks to recover the stolen funds, a California appeals court ruled.

The 2nd District Court of Appeals dismissed attorney Stephen Rodriguez's cross-complaint against Bank of the West and Union Bank of California for the $140,000 in client funds that Evelyn Oberhuber funneled into bank accounts under his name. The court ruled that the banks had contracts with Oberhuber, and not Rodriguez, so they owed him no duty of care.

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