Cheng

Cheng v. California Pacific Bank

Good Law
1999 Cal. App. LEXIS 1000·76 Cal. App. 4th 274·90 Cal. Rptr. 2d 401·99 Daily Journal DAR 11555·99 Cal. Daily Op. Serv. 9075
Court of Appeal of CaliforniaNovember 16, 1999A085004California3,911 words

Opinion

Opinion

Marchiano, J.

California Pacific Bank (the Bank) appeals from a summary judgment awarding prejudgment interest on the appraised value of the shares of a dissenting shareholder in a bank conversion transaction. The only issue raised on appeal is whether prejudgment interest was recoverable. We determine that the Bank was obligated to pay the appraised value of the shares on the date the value was agreed upon and that neither a dispute as to legal ownership, the provisions of federal banking laws, nor the Bank’s own plan of conversion excused its duty to pay. Therefore, the shareholder is entitled to prejudgment interest from the date that he requested payment of the agreed value of the shares. The judgment awarding interest is affirmed.

Background

Paul C.P. Cheng’s father was a shareholder of appellant Bank, which was formerly known as California National Bank. After his father died intestate, Cheng presented original stock certificates bearing his father’s endorsement to the Bank. The Bank accepted the endorsed certificates, and in 1995 issued new share certificates in Cheng’s name. On August 5, 1996, the Bank sent a notice to Cheng and all other shareholders announcing a meeting to…

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