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COCHRAN INV. CO., INC. v. BANK OF AMERICA

No. B155266.

124 Cal.Rptr.2d 51 (2002)

101 Cal.App.4th 341

COCHRAN INVESTMENT COMPANY, INC., Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

Rehearing Granted September 18, 2002.

Attorney(s) appearing for the Case

Jerry La Cues, for Plaintiff and Appellant.

Ivanjack & Lambirth and Michael B. Tannatt, Los Angeles, for Defendant and Respondent.

CHARLES S. VOGEL, P.J.

Cochran Investment Company, Inc. (Cochran) appeals from a summary judgment in favor of Bank of America (Bank) on Cochran's cause of action against Bank under California Uniform Commercial Code section 3307 (hereafter section 3307) (taking instrument from a fiduciary with notice of breach of fiduciary duty).1 We reverse. We hold that Cochran's cause of action satisfies the language of section 3307 and is not barred...

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