Rowley

FACTS

Procedural History In his operative complaint, Rowley, an attorney, alleged U.S. Bank wrongfully dishonored two checks drawn on Rowley’s client trust account at U.S. Bank (Account). Rowley averred U.S. Bank’s actions resulted in an administrative investigation by the State Bar of California, as well as emotional and physical distress to Rowley. The court sustained defendants’ demurrer to Rowley’s other causes of action (defamation, intentional infliction of emotional distress, and negligent infliction of emotional distress); Rowley does not appeal this ruling. Defendants filed a motion for summary judgment on December 22, 2011, noticing the hearing for March 13, 2012. Defendants argued there were insufficient funds available in Rowley’s Account at the time the dishonored checks were presented to U.S. Bank for payment, which justified the dishonor of the two checks. Rowley did not file a timely opposition to the motion for summary judgment (i.e., by February 28, 2012). On March 9, 2012, defendants received a letter from Rowley stating he had been

1 U.S. Bank is a wholly-owned subsidiary of U.S. Bancorp, a financial services holding company. U.S. Bancorp does not maintain…