Gil v. BANK OF AMERICA, NATIONAL ASSOCIATION

Opinion

CHAVEZ, J.

Appellants Eduardo Gil (Eduardo) and Rafael Gil (Rafael) appeal from a judgment entered after the trial court granted the demurrer of respondent Bank of America, National Association (Bank) to their second amended complaint. We are asked to determine whether the California Uniform Commercial Code supersedes a payee’s common law cause of action for negligence where the collecting bank accepts a check with a missing indorsement. We hold that the negligence cause of action stated here is subsumed in a conversion action dictated by the California Uniform Commercial Code. The…