Symonds
Symonds v. Mercury Savings and Loan Ass'n
Opinion
Opinion
Johnson, J.
Plaintiff Fran Symonds appeals from the order of dismissal in her action against defendants Mercury Savings and Loan Association (Mercury) and Debra Winthrop. We conclude the trial court erred in sustaining the defendants’ demurrer in its entirety and reverse.
Statement of Facts and Proceedings Below
In accord with the governing standard of review, the factual allegations contained in appellant’s complaint are deemed admitted by defendants’ demurrer. (White v. Davis (1975) 13 Cal.3d 757, 765 [ 533 P.2d 222 ]; Maheu v. CBS, Inc. (1988) 201 Cal.App.3d 662, 669-670 [ 247 Cal.Rptr. 304 ].) Appellant’s complaint alleges the following facts.
On November 28, 1988, appellant deposited a check drawn on the account of Karen Nyeholt payable in the sum of $5,316.83 into her Mercury account. At that time, Nyeholt’s account contained sufficient funds to cover the check and continued to have such funds for another 44 days.
Mercury failed to properly process and present the check although it informed appellant the check was collected. On July 24, 1989, almost eight months after the initial deposit in appellant’s account, Mercury learned there were insufficient funds to cover the…