AARTS Productions, Inc. v. Crocker National Bank

Good Law
179 Cal. App. 3d 1061·1986 Cal. App. LEXIS 1461·225 Cal. Rptr. 203
Court of Appeal of CaliforniaApril 11, 1986H000601California2,484 words

Opinion

Opinion

Agliano, J.

I

In this case we determine that defendants Crocker Bank and its employees are not liable for wrongful dishonor of checks drawn against an account when the bank complies with its account agreement when faced with conflicting demands by the signatories on the account. We accordingly affirm the trial court’s grant of summary judgment in favor of defendants.

II

Scope of Review

Since a summary judgment motion raises only questions of law regarding the construction and effect of the supporting and opposing papers, we independently review them on appeal, applying the same three-step analysis required of the trial court. (Code Civ. Proc., § 437c; LaRosa v. Superior Court (1981) 122 Cal.App.3d 741, 744-745 [ 176 Cal.Rptr. 224 ]; Bonus-Bilt, Inc. v. United Grocers, Ltd. (1982) 136 Cal.App.3d 429, 432 [ 186 Cal.Rptr. 357 ].) First, we identify the issues framed by the pleadings since it is these allegations to which the motion must respond by establishing a complete defense or otherwise showing there is no factual basis for relief on any theory reasonably contemplated by the opponent’s pleading. (Joslin v. Marin Mun. Water Dist. (1967) 67 Cal.2d 132, 148-149 [ 60 Cal.Rptr. 377…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.