Opinion
Page 1612f
155 Cal.App.4th 1612f __ Cal.Rptr.3d__ SCOTT P. HOLCOMB, Plaintiff and Appellant, v. WELLS FARGO BANK, N.A., et al., Defendants and Respondents. G037638 California Court of Appeal, Fourth District, Third Division October 22, 2007Super. Ct. No. 02CC03602
ORDER MODIFYING OPINION
ARONSON, J.
THE COURT.
It is ordered that the opinion filed herein on September 20, 2007, (155 Cal.App.4th 490;__Cal.Rptr.3d__). be modified as follows:
1. On page 1 [155 Cal.App.4th 492, advance report], the counsel listing for Defendants and Respondents is modified to read:
Marcin Lambirth and John B. Marcin for Defendants and Respondents.
2. On page 8 [155 Cal.App.4th 498, advance report, 1st par., line 8], last sentence of the first paragraph, the word “a” is deleted so the sentence reads:
A collecting bank’s right to charge back is not affected by the customer’s previous use of the provisional credit given, or even the bank’s own negligence in handling the check.
3. On page 13 [155 Cal.App.4th 501, advance report, 4th full par., line 5], the last sentence of the first partial paragraph, “Hocomb’s” should be corrected to “Holcomb’s,” so the sentence reads:
These allegations are merely duplicative of Holcomb’s negligent misrepresentation cause of action, and therefore insufficient to support a separate cause of action.
These modifications do not change the judgment.