Court filing
Exhibit PX298 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-299, S.D. Cal. No. 3:21-md-02992)
Filed January 9, 2026 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2026-01-09 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 634-299 · 2026-01-09 · Docket on CourtListener
Full text
PX 298
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54106
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Declaration of Kelly Koehnen Aristides in Support of Plaintiffs’ Opposition to
Motion for Partial Summary Judgment; Case No. 3:21-md-02992-GPC-MSB
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JOSEPH W. COTCHETT (SBN 36324)
jcotchett@cpmlegal.com
BRIAN DANITZ (SBN 247403)
bdanitz@cpmlegal.com
KARIN B. SWOPE (Pro Hac Vice)
kswope@cpmlegal.com
VASTI S. MONTIEL (SBN 346409)
vmontiel@cpmlegal.com
CAROLINE A. YUEN (SBN 354388)
cyuen@cpmlegal.com
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000
Fax: (650) 697-0577
MICHAEL RUBIN (SBN 80618)
mrubin@altber.com
STACEY M. LEYTON (SBN 203827)
sleyton@altber.com
CONNIE K. CHAN (SBN 284230)
cchan@altber.com
JAMES BALTZER (SBN 332232)
jbaltzer@altber.com
KATHERINE BASS (SBN 344748)
kbass@altber.com
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Fax: (415) 362-8064
Co-Lead Counsel for Plaintiffs and the Class
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
IN RE BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
Case No. 3:21-md-02992-GPC-MSB
DECLARATION OF KELLY
KOEHNEN ARISTIDES IN SUPPORT
OF PLAINTIFFS’ OPPOSITION TO
MOTION FOR PARTIAL SUMMARY
JUDGMENT
[ORAL ARGUMENT REQUESTED]
This Document Relates to All Actions
Date:
April 17, 2026
Time:
1:30 p.m.
Judge:
Hon. Gonzalo P. Curiel
Ctrm:
2D (2nd Floor)
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54107
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Declaration of Kelly Koehnen Aristides in Support of Plaintiffs’ Opposition to
Motion for Partial Summary Judgment; Case No. 3:21-md-02992-GPC-MSB
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I, Kelly Koehnen Aristides, declare as follows:
1. I am an attorney with the law firm of Cotchett, Pitre & McCarthy, LLP, Co-Lead
Counsel for Plaintiffs and the Proposed Class in this action. I submit this declaration to
authenticate the transcriptions of Bank of America’s (the “Bank’s”) Claims Call Center
call tapes described below which are included as exhibits (“PX”) to the Declaration of
Connie K. Chan in Opposition to Defendant’s Motion for Partial Summary Judgment. I
have personal knowledge of the matters stated herein, and if called as a witness, I could
and would testify competently thereto.
2. Each of the customer service call tapes identified and described below was
produced in discovery by the Bank in this case, pursuant to court order, as a digital audio
file (“Call Tape”). I personally transcribed the portions of the Call Tape described below
by playing back the recording and accurately typing out the words spoken during the call.
The transcription process required me to listen carefully and frequently to return to an
earlier point in the audio tape to ensure an accurate transcription, and that is what I did to
maximize accuracy. I also noted where the call tape was inaudible or garbled, redacted by
the Bank, or redacted for privacy by Plaintiffs.
3. I have prior experience with preparing and finalizing transcriptions for trial in
my work at the child sex crimes unit of the District Attorney’s Office of San Luis Obispo,
California as a Deputy District Attorney.
4. PX 51 is a true and correct copy of the transcript that I prepared of a portion of
the call between Plaintiff Vanessa Rivera and the Bank’s Call Center, which took place on
February 4, 2021. That call tape was produced by the Bank in this case with the Bates
number BANA_EDD_MDL-00718724.
5. PX 52 is a true and correct copy of the transcript that I prepared of a portion of
the call between a class member referred to by
and the Bank’s
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54108
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Declaration of Kelly Koehnen Aristides in Support of Plaintiffs’ Opposition to
Motion for Partial Summary Judgment; Case No. 3:21-md-02992-GPC-MSB
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Call Center, which took place on February 5, 2021. That call tape was produced by the
Bank in this case with the Bates number BANA_EDD_MDL-00887519.
6. PX 53 is a true and correct copy of the transcript that I prepared of a portion of
the call between a class member referred to by
and the Bank’s
Call Center, which took place on March 4, 2021. That call tape was produced by the Bank
in this case with the Bates number BANA_EDD_MDL-00888143.
7. PX 54 is a true and correct copy of the transcript that I prepared of a portion of
the call between a class member referred to by
and the Bank’s
Call Center, which took place on March 22, 2021. That call tape was produced by the Bank
in this case with the Bates number BANA_EDD_MDL-887900.
8. PX 55 is a true and correct copy of the transcript that I prepared of a portion of
the call between a class member referred to by
and the
Bank’s Call Center, which took place on December 1, 2020. That call tape was produced
by the Bank in this case with the Bates number BANA_EDD_MDL-00887844.
9. PX 118 is a true and correct copy of the transcript that I prepared of a portion of
the call between a class member referred to by
and the Bank’s
Call Center, which took place on November 2, 2020. That call tape was produced by the
Bank in this case with the Bates number BANA_EDD_MDL-00888326.
10. PX 119 is a true and correct copy of the transcript that I prepared of a portion
of the call between a class member referred to by
and the
Bank’s Call Center, which took place on December 20, 2020. That call tape was produced
by the Bank in this case with the Bates number BANA_EDD_MDL-00887608.
11. PX 120 is a true and correct copy of the transcript that I prepared of a portion
of the call between Plaintiff P.A. and the Bank’s Call Center, which took place on
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54109
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Declaration of Kelly Koehnen Aristides in Support of Plaintiffs’ Opposition to
Motion for Partial Summary Judgment; Case No. 3:21-md-02992-GPC-MSB
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December 5, 2020. That call tape was produced by the Bank in this case with the Bates
number BANA_EDD_MDL-00887001.
I declare under penalty of perjury that the foregoing is true and correct, and that the
transcripts are accurate to the best of my knowledge and ability. Executed this 9th day of
January, 2026 at Seattle, Washington.
/s/ Kelly Koehnen Aristides
Kelly Koehnen Aristides
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54110
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Declaration of Kelly Koehnen Aristides in Support of Plaintiffs’ Opposition to
Motion for Partial Summary Judgment; Case No. 3:21-md-02992-GPC-MSB
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SIGNATURE ATTESTATION
Pursuant to section 2(f)(4) of the Electronic Case Filing Administrative Policies and
Procedures Manual, I, Brian Danitz, attest that the other signatories listed, and on whose
behalf this filing is submitted, concur in the filing content and have authorized this filing.
Dated: January 9, 2026
/s/ Brian Danitz
BRIAN DANITZ.
Case 3:21-md-02992-GPC-MSB Document 634-299 Filed 01/09/26 PageID.54111
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