Grover

*454 Opinion

In his action for damages against Bay View Bank (Bay View), Gerald Grover alleges that Bay View negligently allowed his judgment debtor to escape a levy on bank accounts when it lost the documents necessary for levy and allowed the account holder to withdraw the money in the accounts. Bay View argues that the alleged loss of the papers is irrelevant. According to Bay View, even with the lost papers, it could not have paid Grover or prevented withdrawals from the accounts because (1) the accounts stood in the name of someone other than the judgment debtor, and (2) Grover failed to satisfy the prerequisites for levy on third party accounts. The trial court granted summary judgment for Bay View.

On appeal Grover contends that Bay View’s negligence supersedes his failure to comply with a prerequisite for levy, and that the bank should have placed a hold on the accounts even if his paperwork was inadequate.

We conclude that, absent a proper levy on the bank accounts, it was Bay View’s duty to act in accordance with the directions of the account holder. The undisputed facts show that Grover did not comply with the requirements for levy on a debtor’s spouse’s deposit…