California Court of Appeal

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Holcomb v. Wells Fargo Bank, N.A., G037638

In suit sounding in negligence and contract, sustaining of demurrers is reversed where plaintiff's complaint adequately stated a cause of action for negligent misrepresentation as it alleged that the branch manager assured plaintiff he could write checks against his deposit, despite knowing the payor bank had dishonored the deposited check. Plaintiff's breach of contract action failed to adequately describe the contract and the terms purportedly breached.

Appellate Information

  • Decided 09/20/2007
  • Published 09/20/2007



  • California Court of Appeal


  • For Appellant:
  • Scott P. Holcomb, in pro. per., for Plaintiff and Appellant.

  • For Appellees:
  • Marcin Lambirth and John B. Marcin, Los Angeles, for Defendants and Respondents.
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