Dworsky

*854 Opinion

This is an action on a promissory note. Appellants David Dworsky and Fred Nigro borrowed money from respondent Lincoln National Bank. Appellants defaulted after attempting to pay off the loan with a check drawn on an account at respondent Wells Fargo Bank, which dishonored the check because the account had insufficient funds. When Lincoln sued appellants on the promissory note, appellants claimed Wells Fargo had not properly complied with requirements in the California Uniform Commercial Code for dishonoring the check, and that as a result Wells Fargo was liable for the amount of the check and appellants’ debt should be deemed extinguished.

In a nonjury trial the court found that Wells Fargo complied with the Commercial Code. The court entered judgment in favor of Lincoln on the promissory note and in favor of Wells Fargo on Lincoln’s complaint and appellants’ cross-complaint.

In part I of this opinion we uphold the trial court’s determination that Wells Fargo complied with California Uniform Commercial Code section 4301 (the equivalent of Uniform Commercial Code § 4-301) in giving notice of dishonor because the original check was “otherwise unavailable for…