Exhibit A 

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 1 of 6
Filing # 157618995 E-Filed 09/17/2022 10:30:12 AM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR

MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

ANTONIO PASTOR

Plaintiff,

V.

BANK OF AMERICA

a Nationally Chartered U.S. Bank,

Defendant,

COMPLAINT

CASE NO.

Plaintiff, ANTONIO PASTOR (hereinafter "ANTONIO"), sues Defendant BANK OF

AMERICA. (Hereinafter the "Bank"). In support of his Complaint, Plaintiff alleges as follows:

INTRODUCTION 

1. This is an action for damages in excess of $30,000.00 for Negligence and Breach of

fiduciary duty.

JURISDICTION AND VENUE

2. This court has jurisdiction over Defendant because Defendant engaged in wrongful acts

in Miami Dad County, Florida. Venue for this action lies in Miami Dade County, Florida

because the acts and/or omissions that give rise to the cause of action occurred in Miami

Dade County, Florida. Moreover, Defendant's Miami branch, which is at the center of

this litigation, is located at 701 Brickell Ave, Miami, FL 33131.

4000 Ponce de Leon Blvd, Suite 470

Coral Gables, FL 33146

Tel: +I 305.777-0377

Fax: +1 305.777.0449

www.CuetoLawGroup.com

www.lnternationalBusinessLawAdvisor.com

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 2 of 6
PARTIES 

3. Plaintiff, Antonio Pastor, is a foreign citizen from Venezuela.

4. Defendant, Bank of America, is a chartered U.S. bank, authorized and existing under

the laws of a state other than the State of Florida, authorized to do business in the State

of Florida.

GENERAL ALLEGATIONS

5. On or about March 2022, Plaintiff received communication from Bank of America.

6. Bank of America told Plaintiff that they were closing Plaintiff's account which contained

Plaintiff's entire life savings.

7. Defendant gave no valid reasons as to the closure of Plaintiff's account

8. Plaintiff's lifesaving account was effectively closed by the Defendant.

9. After closing the account, Defendant sent a check to a wrong address in Venezuela and

told Plaintiff to wait 120 days for receiving his life savings.

10. Plaintiff never received any checks from Defendant.

1 1. After 120 days, Defendant stated to Plaintiff that a check was already disbursed.

12. Plaintiff did not receive any money or any checks from his life savings.

13. Defendant ignored Plaintiff's inquiry regarding this issue of mailing a check to a wrong

address.

14. Plaintiff was thus forced to hire undersigned law firm and to pay reasonable attorney's

fees and costs.

4000 Ponce de Leon Blvd, Suite 470

Coral Gables, FL 33146

Tel: +1 305.777-0377

Fax: +1 305.777.0449

wmw.CuetoLawGroup.cotn

Nvmv.InternationalBusinessLaNvAdvisoncom

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 3 of 6
COUNT I

NEGLIGENCE

15. Plaintiff hereby readopts and realleges paragraphs 1 through 14 as though fully set forth

herein.

16. Defendant owes a duty to any foreseeable Plaintiffs.

17. Furthermore, Defendant owes a duty of care to its customers.

18. Plaintiff was Defendant's costumer because Defendant was in possession and control

and maintain Plaintiff's life savings account.

19. Defendant owed the Plaintiff a duty of care to safeguard, manage, monitor, maintain,

supervise and control Plaintiff's life's savings account.

20. The Defendant breached its duty of care to the Plaintiff in one or more of the following

particulars:

(a). Closed the account without Plaintiff's consent; and

(b). Sent a check containing Plaintiffs life savings to a wrong address in

Venezuela.

21. Defendant's negligence posed an unreasonable and foreseeable risk of harm to the

Plaintiff.

22. As a direct and proximate result of the negligence and carelessness of Defendant,

Plaintiff suffered the loss of his entire life sayings and sustained damages in an amount

within the jurisdictional limits of this Court. The losses are either permanent or

continuing and Plaintiff will sustain losses in the future.

WHEREFORE Plaintiff demands judgment for damages against Defendant including

compensatory damages, prejudgment interest, costs and attorneys' fees and any other relief this

4000 Ponce de Leon Blvd, Suite 470

Coral Gables, FL 33146

Tel: +1 305.777-0377

Fax: +1 305.777.0449

wmw.CuetoLawGroup.cotn

www.lnternationalBusinessLawAdvisor.com

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 4 of 6
Court deems just and proper.

COUNT II

BREACH OF FIDUCIARY DUTY 

23. Plaintiff readopts and re-alleges the allegations contained in Paragraphs 1 through 14.

24. Plaintiff pleads Breach of Fiduciary duty as an alternative against Defendant.

25. Defendant was at all times in possession and control of Plaintiff's life savings 'account,

and is sued herein for breach of fiduciary duty as well as for damages as a direct result

of its negligent actions of sending a check to a wrong address in Venezuela.

26. Since Plaintiff was Defendant's costumer and Defendant was in possession and control

of Plaintiff's life savings, Defendant owes a fiduciary duty of care to Plaintiff.

27. Without warning or notifying Plaintiff, Defendant decided to close Plaintiff's account.

28. Upon closing Plaintiff's account, Defendant sent a check to a wrong address in

Venezuela.

29. As a result of Defendant's breach, Plaintiff has suffered damages resulting in the loss of

his entire life savings.

WHEREFORE Plaintiff demands judgment for damages against Defendant including

compensatory damages, prejudgment interest, costs and attorneys' fees and any other relief this

Court deems just and proper.

Respectfully submitted,

CUETO LAW GROUP P.L.

Attorneys for Plaintiff

4000 Ponce de Leon Blvd., Suite 470

Coral Gables, Florida 33146

Tel.: (305) 777-0377

Fax: (305) 777-0449

4000 Ponce de Leon Blvd, Suite 470

Coral Gables, FL 33146

Tel: +1 305.777-0377

Fax: +1 305.777.0449 1

www.CuetoLawGroup.com

‘11VW.InternationalBusinessLawAdvisoncom

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 5 of 6
By: s/ Davy Karkason 

DAVY A. KARKASON, ESQ.,

Florida Bar No.: 1031867

4000 Ponce de Leon Blvd, Suite 470

Coral Gables, FL 33146

Tel: +1 305.777-0377

Fax: +1 305.777.0449 1

www.CuetoLawGroup.cotn

Nvww.InternationalBusinessLawAdvisor.com

Case 1:22-cv-24121-XXXX Document 1-2 Entered on FLSD Docket 12/20/2022 Page 6 of 6