1 2 3 4 5 6 7 8 9 JACKIE LACEY, District Attorney County of Los Angeles STANLEY P. WILLIAMS, SBN 106658 Head Deputy District Attorney HOON CHUN, SBN 132516 Assistant Head Deputy District Attorney ELLEN J. ARAGON, SBN 112391 Consumer Protection Division 211 West Temple Street, I 0th Floor Los Angeles, CA 90012 Tel.: (213) 257-2450 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Exempt from filing fee pursuant to Government Code §6103 CONFORMED COPY ORIGINAL FILED Superior Court of California Countv of Los Anaeles FEB 2 22 2016 Shem R. Garter, Executive Office/Clerk By: :s:-i t ~ , . Deputy lshayla Chambers 10 11 12 [Additional Attorneys for Plaintiff Listed on Following Pages] Attorneys for Plaintiff 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF LOS ANGELES 16 17 THE PEOPLE OF THE STATE OF CALIFORNIA, BC 6 111 5 Case No. COMPLAINT FOR INJUNCTION 18 Plaintiff, AND OTHER EQUITABLE RELIEF 19 v. 20 21 22 23 0 WELLS FARGO BANK, N.A., a National Association with its Main Office in South Dakota, Defendant. 24 25 26 27 28 1 Complaint for Injunction and Other Equitable Relief 1 2 BONNIE M. DUMANIS, District Attorney 3 County of San Diego THOMAS A. PAPAGEORGE, SBN 77690 4 Deputy District Attorney Head, Consumer Protection Unit 5 330 W. Broadway, Suite 750 San Diego, CA 92101 6 Tel.: (619) 531-3971 7 E-mail: [email protected] 8 MICHAEL HESTRIN, District Attorney 9 County of Riverside ELISE J. FARRELL, SBN 100929 10 Senior Deputy District Attorney Consumer Protection Division 11 3960 Orange Street, First Floor 12 Riverside, CA 9501-3707 Telephone: (95 I) 955-5400 13 E-mail: [email protected] 14 1-fANCY E. O'MALLEY, District Attorney 15 County of Alameda 16 ANTHONY P. DOUGLAS SBN 118210 Deputy District Attorney 17 Consumer and Environmental Protection Division 18 7677 Oakport Street, Suite 650 Oakland, CA 94621 19 Telephone: (510) 383-8600 20 E-mail: [email protected] 21 GREGORY D. TOTTEN, District Attmney 22 County of Ventura MITCHELL F. DISNEY, SBN 138114 23 Senior Deputy District Attorney Consumer and Environmental Protection Division 24 5720 Ralston Street, Suite 300 25 Ventura, CA 93003 Telephone: (805) 662-1706 2 6 E-mail: [email protected] 27 28 2 Complaint for Injunction and Other Equitable Relief 1 2 3 4 5 6 7 KAMALA D. HARRIS, Attorney General State of California MICHELE VAN GELDEREN, SBN 171931 Supervising Deputy Attorney General Consumer Law Section 300 S. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2000 E-mail: [email protected] 8 9 THE PEOPLE OF THE STATE OF CALIFORNIA (hereinafter sometimes "Plaintiff'), by 10 and through its attorneys, JACKIE LACEY, Los Angeles County District Attorney, and Hoon 11 Chun and Ellen Aragon, Deputy District Attorneys; and BONNIE M. DUMANIS, San Diego 12 County District Attorney, and Thomas A. Papageorge, Deputy District Attorney; and 13 MICHAEL HESTRJN, Riverside County District Attorney, and Elise J. Farrell, Deputy District 14 Attorney; and NANCY E. O'MALLEY, District Attorney of Alameda County, and Anthony P. 15 Douglas, Deputy District Attorney; and GREGORY D. TOTTEN, Ventura County District 16 Attorney, and Mitchell F. Disney, Deputy District Attorney; and KAMALA D. HARRIS, 17 Attorney General of the State of California, and Michele Van Gelderen, Deputy Attorney 18 General, acting on infonnation and belief, allege as follows: 19 20 JURISDICTION AND VENUE 21 22 23 24 25 26 27 28 1. Venue is proper in this county pursuant to Business and Professions Code section 17204, in that the violations alleged in this Complaint occurred in the County of Los Angeles and elsewhere in California. Defendant WELLS FARGO BANK, N.A., transacts business within the County of Los Angeles and throughout the State of California and the alleged violations of Defendant are in violation of the law and public policy of the State of California. 2. This court has jurisdiction pursuant to Article 6, section 10 of the California Constitution and section 393 of the Code of Civil Procedure. 3 Complaint for Injunction and Other Equitable Relief 1 2 PARTIES 3 3. Plaintiff, the People of the State of California, acting to protect the public from unfair 4 business practices, brings this action pursuant to sections 17203, 17204 and 17206 of the 5 Business and Professions Code (the Unfair Competition Law or "UCL"), and Penal Code 6 sections 632 and 632.7. 7 4. Defendant, WELLS FARGO BANK, N.A., is a National Association engaged in 8 multinational banking and financial services, headquartered at 101 N. Phillips Ave., Sioux Falls, 9 South Dakota 57104. At all relevant times WELLS FARGO BANK, N.A., and its direct and 10 indirect subsidiaries, have transacted business within and from the County of Los Angeles, and 11 throughout the State of California. WELLS FARGO BANK, N.A., including all of its direct and 12 indirect subsidiaries, is referred to hereafter as "WELLS FARGO." 13 14 5. WELLS FARGO is a major financial services provider engaged in operating banking institutions and providing financial products and services throughout the State of California. 15 6. Whenever reference is made in this Complaint to any act or omission of a corporate 16 defendant, such allegation shall mean that the corporation and its direct and indirect subsidiaries 17 did the acts alleged through their officers, directors, agents, employees, agents or representatives 18 while they were acting within the course and scope of their authority. 19 20 21 FIRST CAUSE OF ACTION 22 Violation of Business and Professions Code section 17200 et seq. 23 (Unfair Competition Law) 24 25 7. The People reallege and incorporate by reference as if fully set forth herein paragraphs 1 through 6, above, and do further allege: 26 27 8. Within four years of the date of this Complaint, WELLS FARGO engaged in the 28 4 Complaint for Injunction and Other Equitable Relief 1 following unlawful business acts or practices constituting unfair competition within the meaning 2 of Business and Professions Code section 17200 (Unfair Competition Law): 3 sections 632 and 632.7 of the California Penal Code, including but not limited to the failure of 4 WELLS FARGO employees to timely and adequately disclose the recording of cmmnunications 5 they had with members of the public. 6 II PRAYER 7 8 Violations of WHEREFORE, Plaintiff prays for judgment and relief as follows: 9 10 1. That pursuant to Business and Professions Code section 17203, WELLS FARGO and 11 its officers, directors, employees, agents, representatives, subsidiaries, successors and assignees, 12 and all persons, pa1inerships, corporations or other entities acting for, under, by or on behalf of 13 WELLS FARGO, or acting in conce1i or participation with it with actual or constructive notice 14 of this judgment, be permanently enjoined from violation of California Penal Code sections 632 15 and 632.7, and the Unfair Competition Law, as described above in this Complaint. 16 17 18 19 20 21 2. That, pursuant to Business and Professions Code section 17206, WELLS FARGO be ordered to pay civil penalties for each violation of section 17200 as proved at t1ial. 3. That Plaintiff be awarded its costs, including its cost of investigation and prosecution, and those of other law enforcement and regulatory agencies, as appropriate; and 4. That Plaintiff have such other and further relief as the nature of the case may require and the Court deems appropriate. Respectfully submitted, 22 23 JACKIE LACEY District Attorney, County of Los Angeles 24 25 ~C- By: HOON CHUN Assistant Head Deputy District Attorney 26 27 28 5 Complaint for Injunction and Other Equitable Relief 1 2 Dated: 2/16/16 BONNIE M.DUMANIS District Attorney, County of San Diego 3 By: 4 5 Head De:pmy District Attorney 6 7 Dated: 2/16 /1 '=, NANCY E. O'MALLEY District Attorney, County of Alameda 8 By: 9 10 Dated: 13 2/16/ . ict Attorney,County of Riverside 16 14 MICHAEL HESTRIN ELISE J. Senior 16 17 Dated: 2/16/16 GRBGORY D. TOTTEN District Attorney, County o 19 MIC F. HELLE Senior Deputy Dist Attorney 21 22 23 Dated: 2S 26 !! By: 20 24 ltu By: 15 18 ~, ? -- ~ ANTHO NY P. DOUGLAS Deputy District Attorney 11 12 ~ ! / , ~ ~'l- THOMAS A. PAPAGE ORGE 2/16 /16 By.~llfl-~~· KAMALA D. HARRIS Supervising Deputy Attorney General 27 28 6 Complaint for liljllni;Uon and Ot=r Equitable Relief F.