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Notes
Cal. Code Regs. Tit. 3 , § 3420Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
1. New section filed 7-7-83 as an emergency; effective upon filing (Register 83, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-4-83. For history of former section, see Registers 83, No. 14; 77, No. 31; and 57, No. 21.
2. Amendment of subsection (b) filed as an emergency 8-1-83; effective upon filing (Register 83, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-29-83.
3. Certificate of Compliance as to 7-7-83 order transmitted to OAL 10-18-83 and filed 11-14-83 (Register 83, No. 47).
4. Certificate of Compliance as to 8-1-83 order transmitted to OAL 11-4-83 and filed 12-1-83 (Register 83, No. 51).
5. Amendment of subsection (b) filed 6-22-84 as an emergency; effective upon filing (Register 84, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-20-84.
6. Certificate of Compliance as to 6-22-84 order filed 10-10-84 (Register 84, No. 41).
7. Repealer filed 7-15-98; operative 8-14-98 (Register 98, No. 29).
Bank of America (2006) 138 Cal.App.4th 1371, 1377, the court held that Section 3420 superseded a negligence claim brought against a bank based on that bank’s deposit of a check into another’s account when the check was missing an essential endorsement. The language of Section 3420 plainly governs here.
REAL TIME STAFFING SERVICES LLC VS OPI PRODUCTS INC ET AL
BC665115
Nov 08, 2017
Los Angeles County, CA
Fifth Cause of Action Conversion Under California Commercial Code Section 3420 California Commercial Code section 3420 subdivision (a) provides: The law applicable to conversion of personal property applies to instruments.
TRIWAYS LOGISTICS (USA), INC. VS TRYWYS LOGISTICS, INC., ET AL.
23VECV03412
Jan 17, 2024
Los Angeles County, CA
Defendant contends that Plaintiff lacks standing to sue because Commercial Code section 3420 prevents the issue of the instrument from bringing a conversion cause of action. If the conversion cause of action lacks merit, then the negligence cause of action is not predicated upon it. Further, the negligence is not solely predicated upon the conversion causer of action.
KURTZ-AHLERS V. MULDER
30-2016-00856392-CU-BT-CJC
Oct 10, 2017
Orange County, CA
The defendant’s argument that the negligence cause lacks facts which constitute the element of duty is moot in light of the plaintiff’s acknowledgment that common law negligence is preempted by the Commercial Code and plaintiff’s concurrent request for leave to amend the cause to plead a violation of Section 3420 of the Commercial Code. With the amendment, the elements for negligence are no longer pertinent.
PATNO VS. FARMERS AND MERCHANTS BANK OF LONG BEACH
30-2016-00892336-CU-PO-CJC
Dec 08, 2017
Orange County, CA
Next, with respect to Plaintiff’s claim under Commercial Code, section 3420, the TAC does not provide sufficient information to show that Plaintiff’s claim, should it be understood as a conversion under Commercial Code section 3420, is barred by the statute. Defendant concedes that it is possible for a bank to be liable to a payee whose check was converted; but only if the payee received the check. ( See Mot. at pp. 8-9; Comm. Code, § 3420(b).)
REKO HOLDINGS LLC VS ACAP FINANCIAL INC ET AL
BC647661
Jun 18, 2021
Los Angeles County, CA
Personal Injury/ Tort
other
Aug 23, 2012
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
Dec 11, 2017
Voluntary Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Fraud (no contract) (General Jurisdiction)
Commercial
Breach of Contract
Mar 02, 2016
Dismissal
Burbank Courthouse
Los Angeles County, CA
Mortgage Foreclosure (General Jurisdiction)
Property
Foreclosure
Feb 28, 2018
Default Judgment
Stanley Mosk Courthouse
Los Angeles County, CA
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Torts
Personal Injury
Dec 02, 2010
Dismissal
Hon. Teresa Sanchez
Stanley Mosk Courthouse
Los Angeles County, CA
Other Commercial Complaint (non-tort/non-complex) (General Jurisdiction)
Commercial
General Commercial
| ORIGINAL THOMAS J. WEISS, State Bar No. 63167 tweiss@weisslawla.com AMAN, State Bar No. 306224 Su rofl D szaman weisslawla.com LAW OFFICES OF THOMAS J. WEISS oun oreo Calfomia 1925 Century Park East, Suite 2140 …
Dec 11, 2017
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR on 12/18/2018
Los Angeles County, CA
Dec 11, 2017
Fraud (no contract) (General Jurisdiction)
a THOMASJ. WEISS, State Bar No. 63167 tweiss@weisslawla.com S ZAMAN, State Bar No. 306224 szaman( weisslawia. com. FILED LAW OFFICES OF THOMAS J. WEISS Superior Court of California 1925 Century Park East, Suite 2140 County of Los Angeles Los Angeles, California…
Dec 11, 2017
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR on 12/18/2018
Los Angeles County, CA
Dec 21, 2017
Fraud (no contract) (General Jurisdiction)
@ @ FILED Jon H. Freis, Esq. [CSB # 204708] Superior Court of California LAW OFFICES OF JON H. FREIS County of Los Angeles 136 El Camino Drive, Suite 412 Beverly Hills, CA 90212 …
Feb 28, 2018
Default Judgment By Court - Before Trial 11/02/2018
Los Angeles County, CA
May 31, 2018
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
q wun nnn _ 22252192 FILED BRIAN M. GROSSMAN (SBN 166681) BETHANY R. BURRILL (SBN 294088) TESSER | GROSSMAN LLP …
Alameda County, CA
May 13, 2019
Unlimited Civil
@ | cece 22186352 |]MARK I.WRAJGHT (State Bar No. 228303) FILE J]miw@severson.com …
Alameda County, CA
May 17, 2019
Unlimited Civil
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