California Court of Appeal

In a statutory negligence action brought under California Uniform Commercial Code sec. 3404 (b)(i) and (d) alleging that Wells Fargo failed to exercise ordinary care when it allowed the perpetrator of a fraud to deposit plaintiffs' checks in his account, trial court judgment against plaintiff is affirmed where: 1) the court erred in its jury instructions, confusing the concepts of the California Uniform Commercial Code and applying UCC sec. 3110 (a) instead of sec. 3404 (b)(i); and 2) the court's error in instructing the jury was harmless as the undisputed evidence at trial established defendant was not negligent under UCC sec. 3404 (d) and plaintiffs cannot recover under the statute.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lim, Ruger & Kim, Christopher Kim, Marc Manason, Bryan King Sheldon and George Busu, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Barton, Klugman & Oetting, Charles J. Schufreider, Ronald R. St. John and Mark A. Newton, Los Angeles, for Defendant and Respondent.