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ZABKA v. BANK OF AMERICA CORP.

No. 55246-5-I.

127 P.3d 722 (2006)

131 Wash.App. 167

Robert K. & Debra ZABKA, Appellants, v. BANK OF AMERICA CORPORATION, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered and as Amended January 19, 2006.

Attorney(s) appearing for the Case

Brent Witners, Charleston, IL, Amy Marie Phillips, Rob J. Crichton, Keller Rohrback LLP, Seattle, WA, for Appellants.

William Rasmussen, David Wright Tremaine, Seattle, WA, for Respondent.

BAKER, J.

¶ 1 Robert and Debra Zabka lost $300,000 to either Jae Ho Pak or Paul Franklin or both, not parties to this suit. The theft was accomplished via a series of wire transfers and inter-account transfers involving two related business entities and two Bank of America (BA) checking accounts. The Zabkas sued BA on a variety of negligence, fraud, and misrepresentation theories. BA filed a Civil Rule (CR) 12(b)(6) motion to dismiss, which the trial court granted...

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