Fayroyan-Mezhlumyan

Meri Fayroyan-Mezhlumyan (Appellant) appeals from an order granting Wells Fargo Bank, N.A.’s motion to strike portions of her second amended complaint, sustaining without leave to amend Wells Fargo’s demurrer to the remainder of the second amended complaint on statute of limitations grounds, and dismissing Wells Fargo from the action. As explained below, we affirm in part and reverse in part.

In the published portion of the opinion, we hold that the one-year statute of limitations in Code of Civil Procedure section 340, subdivision (c), for an action “by a depositor against a bank for the payment of a forged or raised check” is not applicable to this case. Appellant’s action relates to Wells Fargo’s alleged payment of a forged check drawn on her home equity line of *198 credit. With respect to this account, Appellant is not a “depositor.” The trial court erred when it sustained Wells Fargo’s demurrer to three causes of action in the second amended complaint, based on its conclusion that these causes of action are barred by the statute of limitations in Code of Civil Procedure section 340, subdivision (c).

BACKGROUND

On August 26, 2008, Appellant filed this action…