Mills

Mills v. U.S. Bank

Good Law
166 Cal. App. 4th 871·2008 Cal. App. LEXIS 1408·83 Cal. Rptr. 3d 146·66 U.C.C. Rep. Serv. 2d (West) 754
Court of Appeal of CaliforniaSeptember 10, 2008D049805California12,278 words

Opinion

Opinion

Irion, J.

This action is before us for the third time on appeal. Plaintiffs and appellants John T. Mills; Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich; Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the trial court with respect to defendant and respondent U.S. Bank. On their appeal from the judgment, Plaintiffs challenge (1) the order granting U.S. Bank’s demurrer to the fifth amended complaint’s eighth and ninth causes of action for (a) breach of presentment and transfer warranties in violation of California Uniform Commercial Code sections 4207 and 4208, and (b) negligence in violation of the California Uniform Commercial Code; (2) the trial court’s ruling on a motion to compel discovery; and (3) the order granting summary judgment in favor of U.S. Bank on the fifth amended complaint’s fifth and sixth causes of action for common law negligence and gross negligence.

As we will explain, we conclude that Plaintiffs’ arguments are without merit, and accordingly we affirm the…

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