Rodriguez

A lawyer’s office manager forged the lawyer’s signature, opened bank accounts in the lawyer’s name, deposited money the lawyer had received in trust from his clients, then stole the money from the accounts she had opened. When the clients sued the lawyer to recover the misappropriated money, the lawyer cross-complained against the office manager and the banks in which the accounts had been opened. The banks demurred, contending their contract was with the office manager, not the lawyer, that the lawyer was never their customer, and that they thus did not owe him a duty of due care. The trial court agreed with the banks, sustained the demurrers without leave to amend, and dismissed the cross-complaint. The lawyer appeals, insisting he was the bank’s “customer.” We disagree and, for the reasons explained below, affirm the judgment.

FACTS

A.

Two former clients (Mara and Ismael Rodriguez) sued Stephen A. Rodriguez, his law firm (Rodriguez & Rodriguez), and the law firm’s former office manager, Evelyn Oberhuber, alleging that Mara and Ismael and their parents had given $140,000 to the Rodriguez firm ($40,000 as a retainer for services to be rendered to the clients in a…