Joffe

Sidney and Esther Joffe (the Joffes) appeal from an order of dismissal entered after the trial court sustained demurrers without leave to amend to all four causes of action alleged in the Joffes’ third amended complaint.

The Joffes sought to recover for damages they sustained when Bank of America National Trust and Savings Association (B of A) accepted for deposit into a B of A account a check for $25,000 drawn to the order of “Continental Finance Systems-Wells Fargo Escrow Trust Account.” The Joffes also sought recovery from United California Bank (UCB) as the payor bank.

B of A demurred to the first and third causes of action in which the Joffes’ alleged negligence and breach of warranty of good title, on the grounds that, no cause of action was stated. (Code Civ. Proc., § 430.10, subd. (e).) UCB demurred on the same grounds to the second and fourth causes of action, which alleged negligence and payment of a check upon improper indorsement.

We reverse, finding that the first, third and fourth causes of action withstand a general demurrer, but affirm the trial court’s ruling that the second cause of action states no grounds for relief.

The Complaint

The allegations…