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CHATSKY AND ASSOCIATES v. SUPERIOR COURT

No. D043096.

12 Cal.Rptr.3d 154 (2004)

117 Cal.App.4th 873

CHATSKY AND ASSOCIATES et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; Bank of America Corp., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Review Denied August 11, 2004.

Attorney(s) appearing for the Case

Robert B. Coffin, San Diego, for Petitioners.

No appearance for Respondent.

Frandzel Robins Bloom & Csato and Thomas M. Robins, III, Los Angeles, for Real Party in Interest.

McINTYRE, J.

In this case we conclude that the one-year limitations period of Code of Civil Procedure section 340, subdivision (c) (§ 340(c)), rather than the three-year limitations period of California Uniform Commercial Code section 4111, applies to claims by depositors against their bank for payment of forged checks written on the depositors' accounts. (All references to the "Commercial Code" refer to the California Uniform Commercial Code.)

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