Creditors Collection Service v. Castaldi

Opinion

HUFFMAN, Acting P. J.

On this appeal we are asked to determine the statute of limitations for an action by a bank against a former customer for repayment where the bank honored a check drawn by the customer but neglected to debit the customer’s account. We conclude the applicable limitations period for such an action is three years from the time the bank discovers its mistake, pursuant to Code of Civil Procedure section 338, subdivision (d). 2

Additionally, we reject defendants’ contention that there was a material variance between pleading and proof in this action.

Factual and Procedural…