GABRIEL v. WELLS FARGO BANK, N.A.

Nos. A125297, A127675.

188 Cal.App.4th 547 (2010)

115 Cal. Rptr. 3d 622

MICHAEL LYNN GABRIEL et al., Plaintiffs and Appellants, v. WELLS FARGO BANK, N.A., Defendant and Respondent. KUNIKO YAMAMOTO, Plaintiff and Appellant, v. WELLS FARGO BANK, N.A., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

August 30, 2010.


Attorney(s) appearing for the Case

Michael Lynn Gabriel, in pro. per., and for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, Mark J. Breckler, Assistant Attorney General, Jacqueline Dale, Larry G. Raskin and Nicklas A. Akers, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiffs and Appellants.

Severson & Werson, Jan T. Chilton, Mark D. Lonergan and Peter H. Bales, for Defendant and Respondent.


OPINION

POLLAK, Acting P.J.

In 1988, Hideo Yamamoto obtained a certificate of deposit from Wells Fargo Bank, N.A. (Wells Fargo), for approximately $1 million, and at the same time opened a savings account into which the interest from the certificate of deposit was to be paid. Although his wife, Kuniko Yamamoto, was named as a beneficiary of both accounts, she did not learn of their existence until 2007, 16 years after Hideo's death...

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