Judge: T. John Ward
Holding: Motion for Class Certification GRANTED
Plaintiffs as beneficiaries of irrevocable or testamentary trusts sued Wells Fargo, as successor administrator of trusts, alleging that it was acting without authority in administering trusts, and asserting claims for constructive fraud, conversion and trespass to title. Plaintiffs moved to certify a class action that would encompass other trusts administered by bank that shared the same trustee history. Plaintiffs seek removal of Wells Fargo as the trustee of all of these trusts, as well as actual damages for trustee fees, commissions and other charges collected by Wells Fargo during its administration of these trusts.
Judge Ward's order goes through the various requirements for class actions under FRCP 23 and concludes that certification is appropriate, holding that "the
Court is of the opinion that a class action, rather than innumerable
individual actions, is the better method of litigating this dispute."
