Weaver

This case concerns the liability of a bank whose wrongful dishonor of plaintiff’s check resulted in plaintiff’s arrest and temporary detention on a charge of petty theft. For the reasons which we shall subsequently set forth we have concluded: (1) that although the payee’s complaint to the police constituted the immediate cause of the arrest, a sufficient causal connection remains between the arrest and the bank’s dishonor of plaintiff’s check to afford plaintiff a cause of action against the bank; (2) that damage to plaintiff’s reputation and impairment of her health incident to plaintiff’s arrest constitute “actual damage’’ within the meaning of Civil Code section 3320.

Plaintiff’s complaint alleges that she maintained a checking account with defendant bank, which “agreed at all times to pay out the amount . . . deposited by plaintiff, in accordance with checks drawn by plaintiff on said Defendant Bank when duly presented.” Plaintiff drew a check for $32.68 to the order of J & E Tire Shop. Although plaintiff had on deposit a sum sufficient to cover the check, defendant “wrongfully refused to pay” the check and “marked upon the face of the check . . . the letters ‘account…