Section § 3401

Explanation

You're only responsible for paying anything on a financial document, like a check or contract, if you or someone legally acting on your behalf signed it. If someone else signed for you, it only counts if they were allowed to do so under certain rules.

A person is not liable on an instrument unless (a) the person signed the instrument, or (b) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Section 3402.

Section § 3402

Explanation

This law discusses when a person, acting as someone else's representative, signs a document or check. If their signature is authorized, it's as though the person they're representing signed it themselves. If the signature clearly indicates it's on behalf of someone else, the representative isn't responsible for it. However, if the signature does not clearly show it's for another person or if the person isn't named, the representative might be liable, unless they can prove that everyone involved understood they weren't responsible. If signing a check without showing representative status, the signer isn't liable if the check is linked to the represented person's account and the signature was authorized.

(a)CA Commercial Law Code § 3402(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.
(b)CA Commercial Law Code § 3402(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:
(1)CA Commercial Law Code § 3402(b)(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.
(2)CA Commercial Law Code § 3402(b)(2) Subject to subdivision (c), if (A) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (B) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(c)CA Commercial Law Code § 3402(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.

Section § 3403

Explanation

In simple terms, if a person signs a document without proper authority, that signature usually doesn't count, except in cases where someone genuinely pays or accepts the document as valuable. This unauthorized signature can become valid if the right parties agree to it afterward. If a document requires multiple signatures to be valid and one is missing, then the organization's signature doesn't count. Also, if someone signs without proper authority, they could still face legal consequences, even if that unauthorized signature is considered valid in some cases.

(a)CA Commercial Law Code § 3403(a) Unless otherwise provided in this division or Division 4 (commencing with Section 4101), an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this division.
(b)CA Commercial Law Code § 3403(b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.
(c)CA Commercial Law Code § 3403(c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this division which makes the unauthorized signature effective for the purposes of this division.

Section § 3404

Explanation

This law covers situations where someone tricks a bank or issuer into giving them a financial instrument, like a check, by pretending to be someone else. If that happens, and someone hands over money or value for the check in good faith, it's as if the check was signed by the rightful recipient. The law also addresses cases where a check is meant for a fake person or the actual payee isn't supposed to get anything. If the check is used in good faith, even by someone not originally intended, it's considered rightfully endorsed. If someone handling the check doesn't use ordinary care and that leads to a loss (like money being paid out wrongly), the careless party may have to compensate the loss they contributed to.

(a)CA Commercial Law Code § 3404(a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(b)CA Commercial Law Code § 3404(b) If (i) a person whose intent determines to whom an instrument is payable (subdivision (a) or (b) of Section 3110) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:
(1)CA Commercial Law Code § 3404(b)(1) Any person in possession of the instrument is its holder.
(2)CA Commercial Law Code § 3404(b)(2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(c)CA Commercial Law Code § 3404(c) Under subdivision (a) or (b), an indorsement is made in the name of a payee if (1) it is made in a name substantially similar to that of the payee or (2) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.
(d)CA Commercial Law Code § 3404(d) With respect to an instrument to which subdivision (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

Section § 3405

Explanation

This law explains what happens when an employee, including independent contractors or their employees, wrongly endorses a check or similar item in a fraudulent way. If an employee responsible for handling such items commits fraud by endorsing a check that isn't theirs, the endorsement can still be treated as legitimate if it’s similar to the recipient's name. When someone pays or accepts the check without being careful and this carelessness leads to a loss due to the fraud, they might have to cover the loss. The law also specifies what it means to have responsibility over checks.

(a)CA Commercial Law Code § 3405(a) In this section:
(1)CA Commercial Law Code § 3405(a)(1) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer.
(2)CA Commercial Law Code § 3405(a)(2) “Fraudulent indorsement” means (A) in the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer, or (B) in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.
(3)CA Commercial Law Code § 3405(a)(3) “Responsibility” with respect to instruments means authority (A) to sign or indorse instruments on behalf of the employer, (B) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (C) to prepare or process instruments for issue in the name of the employer, (D) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (E) to control the disposition of instruments to be issued in the name of the employer, or (F) to act otherwise with respect to instruments in a responsible capacity. “Responsibility” does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.
(b)CA Commercial Law Code § 3405(b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
(c)CA Commercial Law Code § 3405(c) Under subdivision (b), an indorsement is made in the name of the person to whom an instrument is payable if (1) it is made in a name substantially similar to the name of that person or (2) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

Section § 3406

Explanation

If someone does not take reasonable care and this leads to a document being altered or a forgery occurring on it, they cannot blame another person who pays or accepts the document honestly and for its value. However, if both parties involved didn’t exercise proper care and this caused a loss, they share the loss based on each person's lack of care. The person who claims the other was careless has to prove it, but if it's about sharing the loss, the burden of proof is on the person who claims they weren't careful.

(a)CA Commercial Law Code § 3406(a) A person whose failure to exercise ordinary care contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(b)CA Commercial Law Code § 3406(b) Under subdivision (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(c)CA Commercial Law Code § 3406(c) Under subdivision (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subdivision (b), the burden of proving failure to exercise ordinary care is on the person precluded.

Section § 3407

Explanation

This section defines what 'alteration' means concerning financial instruments, such as contracts or checks. An 'alteration' is any unauthorized change or addition that affects a party's obligations under that instrument. If an alteration is made fraudulently, the party affected can be released from their obligation, unless they agreed to it or are legally blocked from objecting. However, a bank or person who handles the altered instrument in good faith and doesn't know about the alteration can enforce the instrument's original terms or, if it was an incomplete instrument later altered, its completed terms.

(a)CA Commercial Law Code § 3407(a) “Alteration” means (1) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or (2) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
(b)CA Commercial Law Code § 3407(b) Except as provided in subdivision (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.
(c)CA Commercial Law Code § 3407(c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (1) according to its original terms, or (2) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.

Section § 3408

Explanation

A check or draft doesn't automatically transfer money from the bank where the account is held. The bank isn't responsible for paying out the check until it agrees to do so.

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.

Section § 3409

Explanation

In this section, 'acceptance' means when the drawee (the person or bank supposed to pay) signs a draft, agreeing to pay it as presented. This can be just their signature and makes it official when the person is informed or receives the signed draft. You can accept a draft even if it’s not fully complete, late, or previously refused. If a draft should be paid after a set time and isn’t dated, the person holding it can add the date in good faith. A 'certified check' is one that a bank has agreed to pay, confirmed by their writing or signature on it. Banks aren’t required to certify checks, and not certifying doesn't mean the check is refused.

(a)CA Commercial Law Code § 3409(a) “Acceptance” means the drawee’s signed agreement to pay a draft as presented. It shall be written on the draft and may consist of the drawee’s signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.
(b)CA Commercial Law Code § 3409(b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.
(c)CA Commercial Law Code § 3409(c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.
(d)CA Commercial Law Code § 3409(d) “Certified check” means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subdivision (a) or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.

Section § 3410

Explanation

This law is about how a drawee (the one who is supposed to pay) can change the terms of a draft (a type of payment order). If they change the terms and the person holding the draft doesn't agree, they can treat the draft as if it's been dishonored, meaning it wasn't accepted as is. An acceptance just saying the draft will be paid at a certain bank doesn’t change the terms unless it says it'll be paid only there. If the holder agrees to the changes, any other people, like someone who endorsed the draft, are no longer responsible unless they also agree to the changes.

(a)CA Commercial Law Code § 3410(a) If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.
(b)CA Commercial Law Code § 3410(b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.
(c)CA Commercial Law Code § 3410(c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.

Section § 3411

Explanation

This section is about what happens when a bank, called the 'obligated bank,' fails to pay a certified, cashier's, or teller's check. If the bank wrongly refuses to pay these checks, the person who is supposed to get the money can ask for compensation to cover their expenses and lost interest, and possibly more damages if they gave the bank a heads-up about any special reasons they need the money. However, there are exceptions where the bank can refuse to pay: if the bank has stopped all payments, if there's a valid defense or claim against the person demanding the money, if the bank isn't sure who should get the money, or if paying is illegal.

(a)CA Commercial Law Code § 3411(a) In this section, “obligated bank” means the acceptor of a certified check or the issuer of a cashier’s check or teller’s check bought from the issuer.
(b)CA Commercial Law Code § 3411(b) If the obligated bank wrongfully (1) refuses to pay a cashier’s check or certified check, (2) stops payment of a teller’s check, or (3) refuses to pay a dishonored teller’s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c)CA Commercial Law Code § 3411(c) Expenses or consequential damages under subdivision (b) are not recoverable if the refusal of the obligated bank to pay occurs because (1) the bank suspends payments, (2) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (3) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (4) payment is prohibited by law.

Section § 3412

Explanation

This law explains that whoever issues a note, cashier's check, or similar draft must pay it according to what it says either when it was first issued or when it's filled out completely, if it was initially incomplete. This responsibility is towards people who can enforce the note or those who endorsed it and ended up paying it.

The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument (a) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (b) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 3115 and 3407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under Section 3415.

Section § 3413

Explanation

If someone accepts a draft, which is like a promise to pay a specific amount, they must pay according to the terms at the time they accepted it. If they agreed to changes in the draft, they pay according to those changes. If it was an incomplete draft when accepted, they owe based on how it was completed, within certain legal limits. This payment duty is owed to those who can legally enforce the draft or to those who paid it off. When a bank certifies a check or accepts a draft, it must pay the amount stated, but if it doesn't say an amount and someone alters it to increase the value before selling it to an honest new owner, the bank pays the original amount when the new owner received it.

(a)CA Commercial Law Code § 3413(a) The acceptor of a draft is obliged to pay the draft (1) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable “as originally drawn” or equivalent terms, (2) if the acceptance varies the terms of the draft, according to the terms of the draft as varied, or (3) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in Sections 3115 and 3407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Section 3414 or 3415.
(b)CA Commercial Law Code § 3413(b) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If (1) the certification or acceptance does not state an amount, (2) the amount of the instrument is subsequently raised, and (3) the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.

Section § 3414

Explanation

This section outlines the rules for who is responsible for paying a draft if it's not accepted or honored. A draft is like a written order to pay someone money, such as a check. If a draft is dishonored, meaning not accepted or paid, the person who wrote it (the drawer) has to pay according to its original terms unless they've excluded themselves from liability. However, if a bank accepts the draft, the drawer is no longer responsible. If someone else accepts the draft but doesn't pay, the drawer still has some obligations similar to those of an endorser. Also, there are specific conditions under which a drawer can transfer their rights to collect funds from a bank that didn't honor a check to avoid paying out of their pocket.

(a)CA Commercial Law Code § 3414(a) This section does not apply to cashier’s checks or other drafts drawn on the drawer.
(b)CA Commercial Law Code § 3414(b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (1) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (2) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 3115 and 3407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under Section 3415.
(c)CA Commercial Law Code § 3414(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(d)CA Commercial Law Code § 3414(d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under subdivisions (a) and (c) of Section 3415.
(e)CA Commercial Law Code § 3414(e) If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subdivision (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subdivision (b) is not effective if the draft is a check.
(f)CA Commercial Law Code § 3414(f) If (1) a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, (2) the drawee suspends payments after expiration of the 30-day period without paying the check, and (3) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.

Section § 3415

Explanation

If you endorse a payment instrument (like a check) and it gets rejected for payment, you usually have to pay the amount due. This is true unless you wrote "without recourse," didn't get a required notice of dishonor, a bank accepted the draft after you endorsed it, or the check wasn't presented or given to a bank for collection within 30 days. These conditions can release you from having to pay.

(a)CA Commercial Law Code § 3415(a) Subject to subdivisions (b), (c), and (d) and to subdivision (d) of Section 3419, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (1) according to the terms of the instrument at the time it was indorsed, or (2) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 3115 and 3407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(b)CA Commercial Law Code § 3415(b) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subdivision (a) to pay the instrument.
(c)CA Commercial Law Code § 3415(c) If notice of dishonor of an instrument is required by Section 3503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subdivision (a) is discharged.
(d)CA Commercial Law Code § 3415(d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subdivision (a) is discharged.
(e)CA Commercial Law Code § 3415(e) If an indorser of a check is liable under subdivision (a) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subdivision (a) is discharged.

Section § 3416

Explanation

When someone transfers a financial instrument like a check for payment, they guarantee several things to the person receiving it. These include being entitled to enforce the instrument, ensuring all signatures are real and authorized, confirming the instrument hasn’t been tampered with, and that there are no other legal claims against it. They also promise they aren’t aware of any bankruptcy proceedings involving certain parties related to the instrument and, for demand drafts, that the draft was authorized by the person labeled as the owner on it. If any of these promises are broken, the recipient can claim damages up to the value of the instrument plus costs. You can't back out of these guarantees for checks, and someone must notify the warrantor of a breach within 30 days to make a claim. Legal action for broken promises starts when you realize the issue.

(a)CA Commercial Law Code § 3416(a) A person who transfers an instrument for consideration warrants all of the following to the transferee and, if the transfer is by indorsement, to any subsequent transferee:
(1)CA Commercial Law Code § 3416(a)(1) The warrantor is a person entitled to enforce the instrument.
(2)CA Commercial Law Code § 3416(a)(2) All signatures on the instrument are authentic and authorized.
(3)CA Commercial Law Code § 3416(a)(3) The instrument has not been altered.
(4)CA Commercial Law Code § 3416(a)(4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor.
(5)CA Commercial Law Code § 3416(a)(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.
(6)CA Commercial Law Code § 3416(a)(6) If the instrument is a demand draft, creation of the instrument according to the terms on its face was authorized by the person identified as drawer.
(b)CA Commercial Law Code § 3416(b) A person to whom the warranties under subdivision (a) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(c)CA Commercial Law Code § 3416(c) The warranties stated in subdivision (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subdivision (b) is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(d)CA Commercial Law Code § 3416(d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(e)CA Commercial Law Code § 3416(e) If the warranty in paragraph (6) of subdivision (a) is not given by a transferor under applicable conflict of law rules, then the warranty is not given to that transferor when that transferor is a transferee.

Section § 3417

Explanation

This section outlines the warranties provided when an unaccepted draft, like a check, is presented for payment or acceptance. Basically, whoever presents the draft guarantees certain things to the bank or person paying it, like that the draft hasn't been changed and the signatures are valid. If these promises are broken, the payer can ask for their money back and any related losses or expenses. There are also rules about when someone can defend themselves if accused of breaching these guarantees, and notice requirements for making claims. Some warranties can't be ignored, especially with checks, and there's a timeline for claims that starts when the breach is known.

(a)CA Commercial Law Code § 3417(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant all of the following to the drawee making payment or accepting the draft in good faith:
(1)CA Commercial Law Code § 3417(a)(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft.
(2)CA Commercial Law Code § 3417(a)(2) The draft has not been altered.
(3)CA Commercial Law Code § 3417(a)(3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.
(4)CA Commercial Law Code § 3417(a)(4) If the draft is a demand draft, creation of the demand draft according to the terms on its face was authorized by the person identified as drawer.
(b)CA Commercial Law Code § 3417(b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subdivision is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subdivision.
(c)CA Commercial Law Code § 3417(c) If a drawee asserts a claim for breach of warranty under subdivision (a) based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Section 3404 or 3405 or the drawer is precluded under Section 3406 or 4406 from asserting against the drawee the unauthorized indorsement or alteration.
(d)CA Commercial Law Code § 3417(d) If (i) a dishonored draft is presented for payment to the drawer or an indorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply:
(1)CA Commercial Law Code § 3417(d)(1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.
(2)CA Commercial Law Code § 3417(d)(2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e)CA Commercial Law Code § 3417(e) The warranties stated in subdivisions (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subdivision (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(f)CA Commercial Law Code § 3417(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(g)CA Commercial Law Code § 3417(g) A demand draft is a check, as provided in subdivision (f) of Section 3104.
(h)CA Commercial Law Code § 3417(h) If the warranty in paragraph (4) of subdivision (a) is not given by a transferor under applicable conflict of law rules, then the warranty is not given to that transferor when that transferor is a transferee.

Section § 3418

Explanation

This law talks about what happens if a bank or similar entity pays or accepts a check by mistake. Normally, if they thought the payment was okay but found out they were wrong—like if they missed a stop payment order or believed a signature was real—they can get their money back from whoever they paid. But if the person who got paid acted in good faith and didn't know about the mistake, they might not have to return the money. The law also says that when money is recovered from someone due to a mistake, the check is treated as if it was never actually honored in the first place.

(a)CA Commercial Law Code § 3418(a) Except as provided in subdivision (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (1) payment of the draft had not been stopped pursuant to Section 4403 or (2) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subdivision are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b)CA Commercial Law Code § 3418(b) Except as provided in subdivision (c), if an instrument has been paid or accepted by mistake and the case is not covered by subdivision (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (1) recover the payment from the person to whom or for whose benefit payment was made or (2) in the case of acceptance, may revoke the acceptance.
(c)CA Commercial Law Code § 3418(c) The remedies provided by subdivision (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subdivision does not limit remedies provided by Section 3417 or 4407.
(d)CA Commercial Law Code § 3418(d) Notwithstanding Section 4215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subdivision (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.

Section § 3419

Explanation

This section of the law discusses what happens when someone signs a financial document as a favor to another person, without receiving any direct benefit from it. This person is called an "accommodation party." When they sign, they are promising to pay the debt if the person who benefits from the money (called the "accommodated party") does not. The law explains different roles the accommodation party might take on, like acting as a guarantor or surety, and when they are responsible for payment. It also outlines what happens if the accommodation party ends up paying the debt; they can then seek repayment from the person who benefited from the money.

(a)CA Commercial Law Code § 3419(a) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation.”
(b)CA Commercial Law Code § 3419(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subdivision (d), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.
(c)CA Commercial Law Code § 3419(c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in Section 3605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
(d)CA Commercial Law Code § 3419(d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (1) execution of judgment against the other party has been returned unsatisfied, (2) the other party is insolvent or in an insolvency proceeding, (3) the other party cannot be served with process, or (4) it is otherwise apparent that payment cannot be obtained from the other party.
(e)CA Commercial Law Code § 3419(e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.

Section § 3420

Explanation

This law deals with the conversion of personal property and applies it to instruments like checks or promissory notes. Basically, if someone takes or pays out on an instrument without the right to enforce it, it can be considered 'converted.' However, the issuer or someone who never actually received the instrument can't sue for conversion. If a lawsuit is filed, the most one can claim is the amount they're actually owed. Also, someone acting in good faith on behalf of a wrong person isn't liable beyond what they haven't yet paid out.

(a)CA Commercial Law Code § 3420(a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (1) the issuer or acceptor of the instrument or (2) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee.
(b)CA Commercial Law Code § 3420(b) In an action under subdivision (a), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.
(c)CA Commercial Law Code § 3420(c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.