Kruser v. Bank of America NT & SA
California Court of Appeal
230 Cal. App. 3d 741 (1991), 281 Cal. Rptr. 463 (1991)
- Written by Sarah Holley, JD
Facts
Lawrence and Georgene Kruser (plaintiffs) held a joint banking account with Bank of America (defendant), and each had an automatic teller machine (ATM) card issued to them. The Krusers believed that Mr. Kruser’s card had been destroyed in September 1986, but their December 1986 account statement reflected a $20 unauthorized withdrawal from someone using Mr. Kruser’s card at an ATM. The Krusers did not report this unauthorized transaction to the bank until September 1987, when the Krusers’ July and August 1987 account statements reflected 47 additional unauthorized withdrawals, again from someone using Mr. Kruser’s card at an ATM. The bank refused to credit the Krusers’ account with the amount of the unauthorized transactions, and the Krusers subsequently initiated suit to collect. The trial court concluded the bank was entitled to judgment as a matter of law because the unauthorized withdrawals of July and August 1987 occurred more than 60 days after the Krusers received a statement that reflected an unauthorized withdrawal in December 1986. The Krusers appealed.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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