(BOAC Aided and Abetted the Bank’s Breach of Fiduciary Duty)   (Breach of Fiduciary Duty: Prudent Investing)   (Self-Dealing in Violation of the Fiduciary Duties of Loyalty and to Avoid Conflicts of Interest)   (Unjust Enrichment)   (Violation of Bus. & Prof. Code §17200 et seq.)   40.  Plaintiff brings this action on her own behalf and on behalf of all persons similarly  situated, pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure on behalf of Nationwide  Class:  All persons (and their successors) who are or were beneficiaries of personal trusts  whose principal and/or income is or was managed by the Bank as a corporate  trustee, and assets of which the Bank invested in Columbia Funds mutual funds at  any time from 1998 to the present.   41.   Plaintiff also brings this action on her own behalf and on behalf of all persons  similarly situated, pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure on behalf of all  members of the California Sub-class:  All persons (and their successors) who are or were beneficiaries of personal  trusts whose principal and/or income is or was managed by the Bank as a  corporate trustee in California, and assets of which the Bank invested in  Columbia Funds mutual funds at any time from 1998 to the present. This class  includes all beneficiaries of personal trusts, like Plaintiff, to whom the Bank  disseminated its “California Disclosures to Beneficiaries.”   42.  Excluded from each class are Defendants and their subsidiaries, directors, employees,  agents, attorneys, accountants, and consultants.   52.  Plaintiff incorporates and realleges each of the foregoing paragraphs, as though fully  set forth herein and further alleges as follows:   57.  Plaintiff incorporates and realleges each of the foregoing paragraphs, as though fully  set forth herein and further alleges as follows:    58.  At all relevant times the Bank, as the corporate trustee of the affected trust, was in a  fiduciary relationship with Plaintiff and the class.  The Bank’s duties to the beneficiaries of the trusts  it administers include all duties imposed by the universally recognized common law of trusts, which  are codified and incorporated into California’s Probate Code.  These include the highest duty of  loyalty known to the law, specifically encompassing, though not limited to, the duty to avoid  conflicts of interest with the trust beneficiaries; such conflicts of interest including self-dealing  through the trustee’s management of trust assets.     59.  By the policies, acts, practices, and omissions alleged above, the Bank breached said  fiduciary duties.     60.  Defendant’s policy to invest trust account assets in shares of their own proprietary  Columbia Funds without regard for the interests of trust account beneficiaries was a breach of the  Bank’s fiduciary duties to the Stoody Trust and the Class.   63.  Plaintiff incorporates and realleges each of the foregoing paragraphs, as though fully  set forth herein and further alleges as follows:   64.  BOAC knowingly participated in the development of the Bank’s policy and practice  of investing trust accounts in shares of proprietary Columbia Funds; BOAC was aware that this was  not in the best interests of the trust account beneficiaries, and BOAC conspired with the Bank to act  in a manner intended to benefit the Defendants instead of the beneficiaries. Additionally, BOAC  participated in the development of the Bank’s policy and practice of keeping such trust accounts  invested in shares of the proprietary Columbia Funds even though BOAC knew that a prudent  investor should have instead divested those funds due to poor performance or excessive expense  ratios. Further, BOAC intentionally supported these policies and practices in order to grow its  proprietary mutual funds complex, the Columbia Funds, by forced selling the funds to the Bank’s  trust accounts and employing the accounts as a primary distribution channel for the Columbia Funds.  Thus, BOAC actively aided and abetted the Bank’s breach of its fiduciary duties to the Stoody Trust  and other members of the Class.   65.   As a proximate result of said aiding and abetting of the Bank’s breaches of fiduciary  duty, Plaintiff and every class member have sustained damages in an amount to be proven at trial.  WHEREFORE, Plaintiff prays for relief as set forth below.  69.  Plaintiff incorporates and realleges each of the foregoing paragraphs, as though fully  set forth herein and further alleges on behalf of the California Sub-class as follows:   70.  Defendants are subject to section 17200 et seq. of the Business and Professions Code  (“section 17200"), which provides that “unfair competition shall mean and include any  unlawful…business act. . . .”   71.  By their policies, practices and other alleged abuse, Defendants have violated the  common law, including the common law of trusts, and numerous statutes as well as federal banking  regulations commonly known as Regulation 9.  Said acts and practices of Defendants constitute  unlawful business practices in violation of section 17200.    72.  Pursuant to sections 17203 and 17204 of the Business and Professions Code,  Defendants should be enjoined from continuing their violations of section 17200, and should be  ordered to provide complete restitution of all overcharges and disgorgement of all profits and  benefits derived there from.   WHEREFORE, Plaintiff prays for relief as set forth below. 