Foster v. Bank of America, N.A.

Petitioner and plaintiff below, Michael Foster, as trustee of the Theodore and Beatrice Foster Irrevocable Intervivos Insurance Trust (“Foster”), seeks certiorari review of an October 28, 2016 trial court order denying Foster’s motion to compel Bank of America (“BOA”), Respondent and defendant below, to produce certain bank records related to an allegedly stolen check. Because the bank records that are sought are highly probative and plainly relevant to Foster’s allegations, we grant the petition and quash the challenged discovery order.

I. Facts

In March of 2016, Foster’s insurance company…