City of Long Beach v. Crocker National Bank

Plaintiff City of Long Beach (Long Beach) appeals from a judgment entered after the superior court granted defendant Crocker National Bank’s motion for summary judgment. We conclude that Long Beach filed an untimely notice of appeal and dismiss for lack of jurisdiction.

Long Beach brought this action as representative of a class of approximately 80 holders of checks written by States Steamship Company (States) which Crocker returned unpaid. The checks were returned because there were no funds remaining in the States checking account after Crocker set off a claim it had (an unpaid demand loan) against States. Several hours thereafter, States filed a Chapter XI reorganization petition in the United States District Court. In its action, Long Beach contended Crocker was liable to it and the other check holders, asserting that Crocker’s actions violated relevant provisions of the Commercial Code. Crocker denied the allegations and later asserted that the decision in Nautilus Leasing Services, Inc. v. Crocker National Bank (1983) 147 Cal.App.3d 1023 [ 195 Cal.Rptr. 478 ], another unpaid check case arising out of the insolvency of States, was determinative of the issues in this…