Stevens

Stevens v. TRI COUNTIES BANK

Good Law
177 Cal. App. 4th 236·2009 Cal. App. LEXIS 1459·99 Cal. Rptr. 3d 188
Court of Appeal of CaliforniaSeptember 1, 2009C058154California5,545 words

Opinion

Opinion

Scotland, J.

This appeal concerns the interpretation and application of the California Multiple-Party Accounts Law (CAMPAL). (Prob. Code, § 5100 et seq.)

In 1996, plaintiff, Dennis C. Stevens, and his wife, Jackie, opened a joint bank account with defendant, Tri Counties Bank. At some point, Jackie’s sister, Nancy Wrinkle, was added to the account and withdrew all the money.

Dennis, who sued the bank for breach of contract, appeals from the judgment entered in Tri Counties’ favor. He contends the trial court erred in concluding that Tri Counties did not violate Probate Code section 5303 when it added Wrinkle to the joint bank account without Dennis’s and Jackie’s written approval, and further concluding that, in any event, the provisions of Probate Code section 5303 do not apply to this controversy because of Probate Code 5201. (Further section references are to the Probate Code unless otherwise specified.)

We shall reverse the judgment. As we will explain, the joint bank account contract with Tri Counties incorporated California law relating to such agreements, except to the extent that the contract explicitly varies from California law. Such a law is section 5303, which contains…

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