Court filing
Video Deposition of Lindsay McClure, March 12, 2024 (PX 41) — Bank of America Unemployment Benefits Litigation
Summary
Exhibit PX 41, filed 01/09/26 as Document 634-42 in In re Bank of America California Unemployment Benefits Litigation, Case 3:21-md-02992-GPC-MSB in the Southern District of California, contains pages from the video deposition of plaintiff Lindsay McClure, taken March 12, 2024 in San Diego, California. Questioned by Valerie Haggans of Goodwin Procter for Bank of America, McClure says she did not know her EDD benefits would come on a prepaid card until it was sent to her, and understood from the card that it was issued by Bank of America. She testifies that EDD offered her payment by check only after she was a victim of fraud, when she told EDD she did not want to keep her Bank of America card.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed January 9, 2026 in In re Bank of America California Unemployment Benefits Litigation; one of 1602 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2026-01-09 |
Cite this document
“Video Deposition of Lindsay McClure, March 12, 2024 (PX 41) — Bank of America Unemployment Benefits Litigation.”
U.S. District Court for the Southern District of California, No. 3:21-md-02992-GPC-MSB, Doc. 634-42, filed 2026-01-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-bofa-ca-unemployment-casd-709615/2026-01-09-gov-uscourts-casd-709615-634-42-gov-uscourts-casd-709615-634-42/
, SHA-256 4433ed0909ce6015afe60fb6fe1edd402f6b618c45210a4381e9da51fc94680c.Full text
PX 41
Case 3:21-md-02992-GPC-MSB Document 634-42 Filed 01/09/26 PageID.53618
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CONFIDENTIAL
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA )
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CALIFORNIA UNEMPLOYMENT ) 21-MD-02992-LAB-MSB
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BENEFITS LITIGATION ) CONFIDENTIAL
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_________________________)
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VIDEO DEPOSITION OF LINDSAY McCLURE
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MARCH 12, 2024
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Reported by: Rosalie A. Kramm, CSR No. 5469, RPR, CRR
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APPEARANCES
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FOR THE PLAINTIFFS:
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COTCHETT, PITRE & McCARTHY LLP
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BY: VASTI S. MONTIEL, ESQ.
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BY: BRIAN DANITZ, ESQ. (Appearing Remotely)
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840 Malcolm Road, Suite 200
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Burlingame, California 94010
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650.697.6000
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vmontiel@cpmlegal.com
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- and -
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COTCHETT, PITRE & McCARTHY LLP
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BY: KARIN B. SWOPE, ESQ. (Appearing Remotely)
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999 North Northlake Way, Suite 215
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Seattle, Washington 98103
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206.802.1272
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kswope@cpmlegal.com
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- and -
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BOTTINI & BOTTINI
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BY: AARON P. ARNZEN, ESQ.
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7817 Ivanhoe Avenue, Suite 102
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La Jolla, California 92037-4541
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858.914.2001
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aarnzen@bottinilaw.com
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I N D E X (continued)
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ALTSHULER BERZON LLP
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BY: CONNIE K. CHAN, ESQ. (Appearing Remotely)
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BY: COLIN CLEMENTE JONES, ESQ. (Appearing Remotely)
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177 Post Street, Suite 300
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San Francisco, California 94108
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415.421.7151
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cchan@altshulerberzon.com
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cjones@altshulerberzon.com
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- and -
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CASEY GERRY
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BY: GAYLE BLATT, ESQ.
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110 Laurel Street
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San Diego, California 92103
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619.815.5226
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gmb@cglaw.com
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FOR THE DEFENDANT BANK OF AMERICA:
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GOODWIN PROCTER LLP
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BY: ANGELICA RANKINS, ESQ.
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1900 N Street NW
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WASHINGTON, DC 20036
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202.346.4000
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arankins@goodwinlaw.com
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CONFIDENTIAL
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I N D E X (continued)
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FOR THE DEFENDANT BANK OF AMERICA:
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GOODWIN PROCTER LLP
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BY: VALERIE A. HAGGANS, ESQ.
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BY: ETHAN SHUCHART, ESQ. (Appearing Remotely)
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620 Eighth Avenue
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New York, New York 10018
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212.459.7255
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vhaggans@goodwinlaw.com
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eshuchart@goodwinlaw.com
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- and -
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GOODWIN PROCTER LLP
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BY: KATAHDIN RENDINO, ESQ. (Appearing Remotely)
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601 Marshall Street
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Redwood City, California 94063
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650.752.3408
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krendino@goodwinlaw.com
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- and -
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GOODWIN PROCTER LLP
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BY: MARIE MacCUNE, ESQ. (Appearing Remotely)
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100 Northern Avenue
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Boston, Massachusetts 02210
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617.570.1131
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mmaccune@goodwinlaw.com
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A P P E A R A N C E S ( c o n t i n u e d )
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T H E L E G A L V I D E O G R A P H E R : G R E G G E I S M A N
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MARCH 12, 2024 TUESDAY 10:00 A.M. SAN DIEGO, CALIFORNIA
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THE VIDEOTAPE OPERATOR: Good morning. We're 10:09:17
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going on the record at 10:09 a.m. on Tuesday, March 12th, 10:09:18
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2024. Please note this -- the microphones are sensitive 10:09:24
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and may pick up whispering and private conversations. 10:09:29
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Please mute your phones at this time. Audio and video 10:09:33
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recording will continue to take place unless all parties 10:09:37
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agree to go off the record. 10:09:40
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This is Media Unit 1 of the Video Recorded 10:09:42
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Deposition of Lindsay McLure, testifying in the matter of 10:09:42
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En Re Bank of America California Unemployment Benefits 10:09:45
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Litigation, filed in the United States District Court, 10:09:47
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Southern District of California, San Diego Division, Case 10:09:52
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No. 21-MD-02992. This deposition is being held at Meyers 10:09:54
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Nave, 600 "B" Street, Suite 1650, San Diego, California. 10:10:01
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My name is Gregg Eisman, representing Veritext, 10:10:07
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I'm the videographer. The court reporter today is 10:10:10
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Rosalie Kramm, also from the firm Veritext. 10:10:12
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I'm not related to any party in this action, 10:10:15
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nor am I financially interested in the outcome. 10:10:17
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If there are any objections to the proceeding, 10:10:20
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please state them at the time of your appearance. 10:10:22
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Counsel will now state their appearances and affiliations 10:10:24
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for the record, beginning with the noticing attorney. 10:10:28
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MS. HAGGANS: Good morning. Valerie Haggans 10:10:30
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from the law firm Goodwin Procter for Defendant Bank of 10:10:32
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America, N.A. 10:10:35
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MS. RANKINS: Angelica Rankins from Goodwin 10:10:38
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Procter for Bank of America. 10:10:38
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MS. MONTIEL: Vasti Montiel from Cotchett, 10:10:41
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Pitre & McCarthy for the Class Plaintiffs. 10:10:42
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MS. BLATT: Gayle Blatt, Casey Gerry, on behalf 10:10:46
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of the Class Plaintiffs. 10:10:49
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MR. ARNZEN: Aaron Arnzen, Bottini & Bottini, 10:10:51
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on behalf of Ms. McClure. 10:10:51
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THE VIDEOTAPE OPERATOR: And we have counsel 10:10:56
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remote, also. 10:10:57
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MS. HAGGANS: Yes. In our previous depositions 10:10:59
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the court reporter has read in the remote participants, 10:11:00
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just so that we have a record of who had attended. 10:11:04
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THE COURT REPORTER: They should announce their 10:11:07
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appearances. 10:11:07
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Counsel appearing remotely, please give your 10:11:07
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appearance now. 10:11:07
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MR. SHUCHART: Hi. This is Ethan Shuchart with 10:11:37
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Goodman Procter representing Bank of America, N.A. 10:11:39
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MR. RENDINO: This is Katahdin Rendino with 10:11:45
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Goodman Procter for Bank of America, N.A. 10:11:45
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MS. SWOPE: Karin Swope with Cotchett, Pitre & 10:11:51
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McCarthy for Class Plaintiffs. 10:11:52
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CONFIDENTIAL
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* * * 10:11:54
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10:11:54
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LINDSAY McCLURE, 10:11:54
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having been first duly sworn, testified as follows: 10:11:54
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10:11:54
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EXAMINATION 10:11:54
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BY MS. HAGGANS: 10:12:06
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Q. Good morning, Ms. McClure. 10:12:07
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A. Good morning. 10:12:08
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Q. We met earlier this morning, but I'm Valerie 10:12:10
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Haggans. I'm one of the lawyers for Bank of America, and 10:12:13
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I'm going to be taking your deposition today. 10:12:17
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A. Okay. 10:12:19
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Q. I'm going to ask you a number of questions 10:12:21
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regarding your lawsuit. Your attorney may have 10:12:24
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objections to some of those questions, but unless she 10:12:28
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instructs you not to answer, you still need to respond to 10:12:33
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my questions. 10:12:36
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A. Okay. 10:12:37
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Q. Does that make sense? 10:12:37
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A. Yes. 10:12:38
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Q. Okay. Can you please state your full name for 10:12:39
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the record. 10:12:42
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A. Lindsay Marie McClure. 10:12:43
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Q. Have you gone by any other names in your 10:12:44
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Q. When you received hard copy mail from EDD, what 12:50:57
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address did that mail come to? 12:51:05
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Q. Did you keep the hard copy mail that you 12:51:20
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received from EDD? 12:51:22
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MS. MONTIEL: Objection. Vague. 12:51:25
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THE WITNESS: Which copies? 12:51:27
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BY MS. HAGGANS: 12:51:29
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Q. Any of the documents that came to you from EDD 12:51:29
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via hard copy mail. 12:51:33
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A. I would say most of them, yes. 12:51:36
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Q. And where did you keep those? 12:51:38
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A. Stored under my bed. 12:51:40
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Q. In the box that we talked about earlier today. 12:51:42
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A. Yes. 12:51:44
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Q. Did you ever receive information from EDD about 12:51:51
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the different ways that you could receive your 12:51:57
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unemployment benefits? 12:52:00
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MS. MONTIEL: Objection. Vague as to time. 12:52:02
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THE WITNESS: No. 12:52:03
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BY MS. HAGGANS: 12:52:04
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Q. Prior to receiving -- strike that. 12:52:10
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When you submitted your application to EDD in 12:52:20
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early 2020, were you aware that your EDD benefits would 12:52:24
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be sent to you on a prepaid card? 12:52:29
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A. Not until they sent it to me. 12:52:34
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Q. When you received the card, did you have an 12:52:39
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understanding of who it was issued from? 12:52:42
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A. Yes. 12:52:45
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MS. MONTIEL: Objection. Speculation. 12:52:46
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BY MS. HAGGANS: 12:52:47
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Q. Did you understand that it would be coming from 12:52:48
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Bank of America? 12:52:51
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A. From what it stated on the card, yes. 12:52:52
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Q. Did you have an understanding about where the 12:52:57
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money on the prepaid card would be coming from? 12:53:00
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MS. MONTIEL: Objection. Speculation. 12:53:04
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THE WITNESS: My understanding was that it was 12:53:07
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the unemployment benefits that were deposited to the 12:53:09
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card. 12:53:13
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BY MS. HAGGANS: 12:53:14
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Q. Did you ever consider receiving your 12:53:17
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unemployment benefits via checks rather than via the 12:53:19
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prepaid card? 12:53:24
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MS. MONTIEL: Objection. Vague as to time. 12:53:25
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THE WITNESS: Not until it was offered to me. 12:53:27
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BY MS. HAGGANS: 12:53:30
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Q. Okay. And when was that offered to you? 12:53:30
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A. After I was a victim of fraud. 12:53:33
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Q. Can you put a month and year on that? 12:53:39
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A. When I corresponded with EDD, they offered me 12:53:44
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the form of check at the end of December. 12:53:48
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Q. Is that December 2020? 12:53:53
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A. Yes. 12:53:54
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Q. And how did EDD make that offer to you, to 12:54:20
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receive your benefits via check? 12:54:22
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A. I reached out to them directly, stating that I 12:54:24
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did not want to keep my card with Bank of America. 12:54:27
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Q. Was that over the phone? 12:54:32
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A. Yes. 12:54:33
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Q. And what did they say in response? 12:54:40
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A. They said I should have been offered both, and 12:54:43
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I was not. 12:54:45
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Q. And then did you, in fact, ask for your 12:54:52
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benefits to be paid via check? 12:54:54
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A. Yes. 12:54:58
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Q. And did you, in fact, receive your benefits via 12:55:03
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check? 12:55:06
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A. Yes. 12:55:07
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Q. Do you remember when you received your first 12:55:12
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check for your EDD benefits? 12:55:13
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A. January of '21. 12:55:16
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Q. And did you continue to receive your benefits 12:55:25
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via check until you stopped receiving benefits when you 12:55:27
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REPORTER'S CERTIFICATE
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I, Rosalie A. Kramm, Certified Shorthand
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Reporter for the State of California, do hereby
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certify:
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That the witness named in the foregoing
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deposition was by me duly sworn; that the
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deposition was then taken before me at the time
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and place herein set forth; that the testimony
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and proceedings were reported stenographically
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by me and were transcribed through computerized
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transcription by me; that the foregoing is a
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true record of the testimony and proceedings
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taken at that time; and that I am not
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interested in the event of the action.
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Witness my hand dated March 22, 2024.
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<%18769,Signature%>
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ROSALIE A. KRAMM
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CSR 5469, RPR, CRR
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CONFIDENTIAL
I declare under penalty of perjury that the
foregoing is true and correct.
Subscribed at
San Diego
----=-----' _C_a_li_fo_m_i_a ____ , this 26th
day of
April
, 2 O 24 •
_
__,;;; ____ _
LINDSAY MCCLURE
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CONFIDENTIAL
In re Bank Of America CA Unemployment Benefits Litigation
LINDSAY MCCLURE (#6489508)
E R R A T A
S H E E T
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PAGE
LINE 10
CHANGE
McLure to McClure
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REASON Spelling Error of Last Name
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LINE 7
CHANGE February or March of 2021
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REASON I retained in January of 2021
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LINE 22
CHANGE Worked to Work
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REASON Present Tense not past tense
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LINE 6-11
CHANGE Salary to Salary & Commission
REASON Correction
PAGE
LINE
CHANGE
---
---
------------
REASON ----------------------
PAGE
LINE
CHANGE
---
---
------------
REASON ----------------------
WITNESS
26 April 2024
Date
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