Making/receiving payments, sending money

Bank of America cashed a forged check made payable to XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX , of XXXX cashed the forged check and did not provide the funds to the XXXX or XXXX XXXX . XXXX XXXX is now XXXX. Bank of America Claims that California Code of Civil Procedure Section XXXX applies to this case limiting the statute of limitations to one year. I contend, based on counsel from XXXX XXXX, that Bank of America ‘s claim to California Code of Civil Procedure Section XXXX is not applicable, because it refers to claims by a ” depositor. ” I further contend that my wife, XXXX XXXX and I are not a ” depositor ” of Bank of America, so it is unclear upon what basis Bank of America relies upon the statute. CCP XXXX states ( emphasis added ) : XXXX An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who XXXX as defined in Section XXXX of the Business and Professions Code, for that person ‘s XXXX.

I also contend that there is applicable California case law stating that the statute is limited to claims by an actual ” depositor. ” For example, in the California case of XXXX, XXXX. XXXX, XXXX XXXX. XXXX. XXXX XXXX, XXXX, XXXX XXXX. XXXX. XXXX XXXX, XXXX ( 2011 ) ( a copy attached XXXX ), the California Court of Appeal noted that Section XXXX only applies to actions by a ” depositor ” against the depositor ‘s bank. In the XXXX case, the plaintiff did not have a depository account with the bank, but was merely a loan customer. The appellate court said that the one-year statute of limitation only applies to a depository customer : ” As plainly written, section XXXX, subdivision ( XXXX ), applies only to an action brought by a ‘depositor. ‘ With respect to her HELOC account, Appellant is not a ‘depositor. ‘ The one-year statute of limitations in section XXXX, subdivision ( XXXX ), therefore is not applicable to this action. ” XXXX, XXXX. XXXX, XXXX XXXX. XXXX. XXXX XXXX, XXXX, XXXX XXXX. XXXX. XXXX XXXX, XXXX ( 2011 ).
Since my wife and I are not ” depositors ”, I again request you review your stated statute of limitations for validity against the California Case laws referenced in the above paragraph.
We also can not verify the validity of our signatures because XXXX XXXX had access to our signatures and forged our California Licenses in order to cash the checks at Bank of America. XXXX XXXX is currently XXXX. We demand that the check for {$170000.00} be reissued to XXXX XXXX, XXXX XXXX and XXXX XXXX based on Bank of America ‘s cited code as not being applicable.

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