Lawrence

Nick Lawrence, plaintiff below, appeals from an order sustaining respondents’ demurrer to his complaint without leave to amend, and dismissing the action with prejudice. We affirm.

For purposes of this appeal, those factual allegations of the complaint which are properly pleaded are deemed admitted by respondent’s demurrer. (White v. Davis (1975) 13 Cal.3d 757, 765 [ 120 Cal.Rptr. 94 , 533 P.2d 222 ].) The first cause of appellant’s second amended complaint alleges that he was a customer of respondent Bank of America (the Bank), and had a checking account, No. 5575-9858, at the Shattuck-Vine branch. On February 22, 1980, appellant presented two checks in the total amount of $685 at the Shattuck-Vine branch, drawn by a third party on the Bank’s Watson-ville branch. Appellant was payee on the checks. Employees at the ShattuckVine branch used the bank’s computer system to ascertain whether the account at the Watsonville branch on which the checks were drawn contained sufficient funds to cover the checks, and that no stop-payment order or hold had been placed on them. The employees then gave appellant the amount of the checks in cash. Appellant’s complaint alleges that the…