Mac

Lisa S. Mac, as administrator of Margaret Glodt’s estate, sued Bank of America and Wells Fargo Bank to recover funds drawn from Glodt’s accounts after her death. According to the complaint, Glodt’s nephew James Glodt had forged checks shortly before her death and the banks had made payment on the checks shortly after her death. The banks demurred, contending the complaint was barred by the one-year statute of limitations provided in Code of Civil Procedure section 340, subdivision (3), and by the one-year period provided in California Uniform Commercial Code section 4406, subdivision (f) for a customer to discover and report a check with an unauthorized signature. The trial court sustained the demurrers without leave to amend. We reverse the ensuing judgment of dismissal.

We must treat the demurrers as admitting all material facts properly pleaded in the complaint. If those facts are sufficient to support a cause of action under any valid theory, the complaint is good against the demurrers. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38-39 [ 77 Cal.Rptr.2d 709 , 960 P.2d 513 ]; Baum v. Duckor, Spradling & Metzger (1999) 72 Cal.App.4th 54, 63 [ 84…