Legal Opinion
Tokai Bank of California v. First Pacific Bank
California Court of Appeal
Decided November 19, 1986No. B016401PublishedCited by 4 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Tokai Bank obtained a summary judgment against First Pacific Bank for wrongfully dishonoring two cashiers’ checks issued by First Pacific. The court entered a final judgment on this claim after Tokai dismissed its other causes of action.
On appeal First Pacific argues the trial court should not have granted Tokai’s motion for summary judgment because First Pacific was denied the opportunity to conduct discovery necessary to oppose the motion and because triable issues of fact existed as to Tokai’s status as a holder in due course. In reply, Tokai argues a bank can raise no…
2Cases cited4 opinions
- Kaufman v. Chase Manhattan Bank, National Ass'nDistrict Court, S.D. New York · 1973
- Max Munson v. American National Bank and Trust Company of Chicago, Max Munson v. American National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1973
- National Bank of California v. MinerCalifornia Supreme Court · 1914
- Bank of Costa Mesa v. LosackCalifornia Court of Appeal · 1977
3Cited by4 opinions
- Whitney F. SHARPE; Mona E. Sharpe, Plaintiffs-Appellants, v. FDIC, Receiver for Pioneer Bank, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1997
- Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Hobson v. Raychem Corp.California Court of Appeal · 1999
- Gentner and Company, Inc. v. Wells Fargo BankCalifornia Court of Appeal · 1999