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Espresso Roma Corp. v. Bank of America, N.A.

Court of Appeals for the First District of California
124 Cal. Rptr. 2d 549 (2002)


Facts

David S. Boyd (plaintiff) was the president of Espresso Roma and Pacific Espresso Corporations and also ran Hillside Residence Hall (plaintiffs). The plaintiffs employed Joseph Montanez, who was responsible for bookkeeping. Montanez began forging checks to pay personal bills and make personal purchases in October 1997. Montanez removed the forged checks from the bank statements when he sorted the mail for the plaintiffs. The forgeries were not discovered until May 1999. By that time, Montanez had forged checks totaling more than $330,000. The plaintiffs then reported the forgeries to their bank, Bank of America, N.A. (the Bank) (defendant). The plaintiffs sued the Bank to recover the funds from the forged checks. The trial court granted summary judgment to the Bank, and the plaintiffs appealed to the Court of Appeals for the First District of California.

Rule of Law

Issue

Holding and Reasoning (Stein, J.)

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