Valkof v. U.S. Bank CA2/8
FACTUAL AND PROCEDURAL BACKGROUND
Valkof is a member of SIV, LLC, which he established with Valkova and three others, in September 2014.
In December 2014, Valkova went to the Bank and opened a business checking account in the name of “Ana V. Valkova dba SIV[,] LLC.” Valkova told the Bank’s representative that she was the only member and manager of SIV, LLC, even though it had other members. The Bank did not ask to see SIV, LLC’s operative agreement or fictitious business name statement. Valkova presented a signed resolution from SIV, LLC authorizing her to open the account, which she signed as the single member.
Subsequently, Valkova led Valkof and the other members of SIV, LLC to believe that an account was opened for SIV, LLC, so they transferred a total of $330,000 into the account titled “Ana V. Valkova dba SIV[,] LLC,” with at least some checks made out to “SIV, LLC.” Valkova subsequently converted the funds meant for SIV, LLC in the account for her personal use.
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