Jackson v. Wells Fargo Bank

I. Factual and Procedural Background

In February 1993 appellant presented a cashier’s check to the branch manager of respondent’s Oakland civic center branch. The cashier’s check had been purchased by him over four years earlier, in 1988. For a variety of reasons, respondent’s officials suspected the cashier’s check was counterfeit and summoned the Oakland police, who arrived and arrested appellant as he was waiting in the bank lobby. Respondent subsequently discovered that the cashier’s check was, indeed, valid. It notified the police and municipal court to this effect, provided appellant a replacement check, and apologized to him in writing.

Appellant nonetheless filed a complaint against the bank in July 1993, alleging causes of action for false imprisonment, conspiracy and wrongful dishonor of a check. After answering, respondent filed a motion for summary judgment or, in the alternative, summary adjudication. Appellant opposed the motion but, in addition, moved for leave to file an amended complaint, which motion was granted, the court continuing the hearing on respondent’s summary judgment or adjudication motion.

A first amended complaint was filed in February…