Cohen

Civil Code section 1719, subdivision (a) provides in part that any person who draws a check that is dishonored due to insufficient funds shall be liable to the payee for the amount owing upon the check and treble damages of at least $100, not to exceed $500.

In this section 1719 action, we conclude the maker of a dishonored check may raise defenses under the Uniform Commercial Code (Cal. U. Com. Code, § 3101 et seq., UCC) to establish that the check is unenforceable. We affirm the summary judgment for defendants.

Background

Attorney Eliot G. Disner was sued after serving as an intermediary for his clients, Irvin and Dorothea Kipnes, by tendering a check for a portion of the $961,000 settlement the Kipneses owed to Sidney and Lynne Cohen.

The Kipneses had made an initial $300,000 settlement payment to the Cohens on March 5,1993, and their second payment of $100,100 was due on March 9, 1993. Under the settlement agreement, a missed payment would entitle the Cohens to enter judgment against the Kipneses for $1.3 million less any partial payments.

The Kipneses gave Disner checks totalling $100,100, which he deposited into his professional corporation’s client trust…