Mautner

Does former Probate Code section 631 afford absolute immunity to a bank which transfers funds in a decedent veteran’s deposit account to an alleged beneficiary proceeding under a former section 630 affidavit despite actual notice of the superior, statutory claim of the California Veterans Home (Home)? We conclude it does not and reverse the judgment.

I. Factual Background

This appeal follows a judgment of dismissal upon the sustaining of a demurrer without leave to amend. In testing the sufficiency of the complaint against the demurrer, we treat the demurrer as “ ‘admitting] the truth of all material factual allegations in the complaint. . . .’” (Kendall v. Ernest Pestana, Inc. (1985) 40 Cal.3d 488, 493 [ 220 Cal.Rptr. 818 , 709 P.2d 837 ], quoting Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) Further, adhering to a policy of liberal construction, the complaint will withstand demurrer if, upon consideration of all the allegations so construed, it appears plaintiff is entitled to any relief against defendant. (Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ]; Air…