California Court of Appeal

In a breach of contract and fraud suit brought by a bank to recover overdraft fees and seeking a right to attach property of defendant, arising from a Nigerian-style email scam, judgment of the trial court in favor of the bank is affirmed as under the California Uniform Commercial Code, defendant had the burden of proving that the bank did act negligently, and he failed to do so.

Appellate Information

• Decided 05/25/2010
• Published 05/25/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Hanke & Williams and Rick D. Williams for Defendant and Appellant., Perez & Hawes and Eric Everett Hawes for Plaintiff and Respondent.