Sanati

In an action for unjust enrichment, money had and received, conversion, and declaratory relief, the trial court granted plaintiff’s motion for summary judgment finding defendants had no defense to plaintiff’s request for restitution for an erroneous fund transfer. Defendants appeal from the adverse judgment, claiming the trial court erroneously applied the common law pertaining to checks and negotiable instruments instead of the law specifically pertaining to funds transfers. We affirm.

Facts and Proceedings Below

In 1963 Hassan and Fatane Sanati were married in Tehran, Iran. They lived in Iran until Mrs. Fatane Sanati moved with their two children to Los Angeles in 1983. Between 1983 and 1987 Mr. Sanati spent nearly half his time living in Los Angeles. In 1987 Mr. Sanati permanently left the United States.

When Mr. Sanati left, he arranged for payments to be made to Mrs. Sanati in Los Angeles. He instructed Bank of America in London to send interest, as it accrued monthly from an account held in his name only, to an account he held jointly at Bank of America with Mrs. Sanati in Tarzana, California. The amount of each interest payment was between $2,000 and $3,000.

On…