1.DEMURRER TO AMENDED COMPLAINT
The Defendant Capital One Bank (USA), N.A.’s Demurrer to the Plaintiff’s Second Amended Complaint Fourth Cause of Action is Sustained with 15 days leave to amend. The plaintiff has leave to amend the fourth cause to allege a violation of Commercial Code§ 3420 in lieu of the current common law negligence cause plead.
Plaintiffs allege that on January 14, 2016, Capital One contacted Ms. Patno regarding the use of the Patno Companies' checks to pay for a credit card account in Ms. Keys' name. SAC ¶¶ 59-60. Ms. Patno stated that any such payments were "fraudulent and unauthorized" and requested a refund of all such payments. SAC ¶ 64. Plaintiffs allege that some of the checks accepted were forged or unsigned. SAC ¶¶13-14.
The plaintiff alleges that "Capital One had a legal obligation to contact Plaintiffs regarding the use of the Patna Companies' funds to pay an unrelated individual's personal credit card bills." SAC ¶ 186.
The plaintiff alleges that the def