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GIL v. BANK OF AMERICA, NATIONAL ASSOCIATION

No. B181249.

42 Cal.Rptr.3d 310 (2006)

138 Cal.App.4th 1371

Eduardo GIL et al., Plaintiffs and Appellants, v. BANK OF AMERICA, NATIONAL ASSOCIATION, Defendant and Respondent.

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

April 27, 2006.

Attorney(s) appearing for the Case

Daar & Newman and David Daar, Los Angeles, for Plaintiffs and Appellants.

Barton, Klugman & Oetting and Robert Louis Fisher, Los Angeles, for Defendant and Respondent.

CHAVEZ, J.

Appellants Eduardo Gil (Eduardo) and Rafael Gil (Rafael) appeal from a judgment entered after the trial court granted the demurrer of respondent Bank of America, National Association (Bank) to their second amended complaint. We are asked to determine whether the California Uniform Commercial Code supersedes a payee's common law cause of action for negligence where the collecting bank accepts a check with a missing indorsement. We hold that the negligence...

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