On Nov. 14, 2011, the 401(k) account of plaintiff Natividad Pantoja was accessed by someone else. Pantoja went to her bank to deposit a check on May 30, 2012, and discovered her account was overdrawn. She claimed that her 401(k) account, with $75,000 in it, was accessed by her roommate, Matthew Quindoy, on Nov. 14, 2011. Pantoja further claimed that Quindoy used the money to write checks to various friends and family members of his. Pantoja sued Quindoy, alleging that the defendant’s actions constituted conversion, fraudulent concealment, money had and received, and invasion of privacy. Pantoja claimed that she and Quindoy initially met as coworkers, progressed to dating, and then continued to stay roommates even after their relationship ended. She claimed that since she was not using her 401(k) account between November 2011 and May 2012, as she was unemployed then, Quindoy must have gained access to her account and spent her money. Plaintiff’s counsel contended that Quindoy gained access to Pantoja’s account by setting up her online bank account to correspond with his e-mail and then changed the password. Counsel noted that Pantoja retained texts from Quindoy stating that he owed Pantoja money and that he would pay her back. However, counsel contended that Quindoy never paid Pantoja back the money., Pantoja claimed she suffered depression and anxiety due to the invasion of her privacy. She alleged that as a result, she was prescribed medication. Thus, Pantoja sought recovery of damages for her emotional damages and interest, as well as recovery of $75,000, plus any costs accrued, for the “borrowed” money.