CBSK Financial Group v. Bank of America
Filed 6/6/06 CBSK Financial Group v. Bank of America CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| CBSK FINANCIAL GROUP, INC., Plaintiff and Appellant, v. BANK OF AMERICA et al., Defendants and Respondents. | G035014 (Super. Ct. No. 04CC05406) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Clay M. Smith, Judge. Affirmed.
Hamburg, Karic, Edwards & Martin, Gregg A. Martin and David Almaraz for Plaintiff and Appellant.
Solomon Grindle Silverman & Spinella and Stephen M. Spinella for Defendants and Respondents.
CBSK Financial Group, Inc., doing business as American Home Loans (AHL) appeals from a judgment of dismissal on its conversion and negligence claims entered after the trial court sustained without leave to amend the demurrer of Bank of America Corporation (the Bank). Commercial Code section 3405 affords protection to depositary banks, who have acted in good faith, from claims by employers who have been victimized by dishonest employees entrusted with financial instruments.[1] AHL maintains the facts alleged in its complaint fail to conclusively establish AHL's branch manager, who misappropriated checks payable to AHL, was â€
