Holcomb

Plaintiff Scott P. Holcomb challenges the judgment entered after the trial court sustained demurrers to each of his claims against defendants Wells Fargo Bank, N.A. (Wells Fargo), and Dan Viles, a Wells Fargo vice-president and branch manager. Holcomb contends he properly alleged causes of action for negligent misrepresentation, breach of contract, and negligence. Wells Fargo contends Holcomb’s claims fail because (a) Wells Fargo had an absolute right to charge back a provisional credit it had given to Holcomb on a $10,000 check when the payor bank dishonored the check; (b) Holcomb’s breach of contract cause of action failed to specify whether the contract was written or oral; and (c) a depositor may not bring a claim for negligence against a bank.

We conclude Holcomb’s complaint adequately stated a cause of action for negligent misrepresentation because it alleges Viles, as Wells Fargo’s branch manager, assured Holcomb he could write checks against his deposit, despite knowing the payor bank had dishonored the deposited check. We agree with Wells Fargo, however, that Holcomb’s breach of contract cause of action fails to adequately describe the contract and the terms…