Citizens Bank, N.A. v. Bolomet

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NATIONWIDE LEGAL, LLC, No. 24-3059 D.C. No. Plaintiff - Appellant, 2:23-cv-00599-MEMF-MRW v. MEMORANDUM* JPMORGAN CHASE BANK, N.A., a Nationally Chartered Bank, Defendant - Appellee. Appeal from the United States District Court for the Central District of California Maame Ewusi-Mensah Frimpong, District Judge, Presiding Submitted May 12, 2025** Pasadena, California Before: IKUTA, R. NELSON, and LEE, Circuit Judges. Nationwide Legal, LLC appeals the district court’s order dismissing its negligence claim against JPMorgan Chase Bank, N.A. Nationwide sued Chase after one of Nationwide’s employees stole company funds by changing the payee on * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). company checks and depositing the checks into personal checking accounts at Chase. Nationwide alleges that Chase acted negligently when it permitted Nationwide’s employee to deposit the checks.1 The district court dismissed Nationwide’s claim against Chase after finding that it was barred by the one-year statute of limitations under Section 340(c) of the California Code of Civil Procedure. We have jurisdiction under 28 U.S.C. § 1291, and we review de novo a district court’s dismissal based on statutes of limitations. Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir. 2000). We affirm. California state law governs this diversity action, and the California Supreme Court “is the final arbiter of what is state law.” West v. Am. Tel. & Tel. Co., 311 U.S. 223, 236 (1940). We “follow a published intermediate state court decision . . . unless we are convinced that the California Supreme Court would reject it.” Muniz v. United Parcel Serv., Inc., 738 F.3d 214, 219 (9th Cir. 2013). 1. The plain language of Section 340(c) covers Nationwide’s claim. In California, an action “by a depositor against a bank for payment of a forged or raised check” must be filed within one year. Cal. Civ. Proc. Code § 340(c). First, the 1 The district court also dismissed Nationwide’s other two claims against Chase: (1) violation of Section 4401 of the California Commercial Code and (2) breach of contract. Nationwide did not address either of those claims in its opening brief, so we conclude that Nationwide forfeited any arguments regarding those claims. See Ind. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003). 2 24-3059 district court correctly found that the checks at issue in this case were “forged” such that Section 340(c) may apply, see Union Tool Co. v. Farmers’ & Merchs.’ Nat’l Bank of Los Angeles, 218 P. 424, 429 (Cal. 1923), and Nationwide does not challenge that finding on appeal. Second, Nationwide’s claim is an action “by a depositor against a bank.” Cal. Civ. Proc. Code § 340(c). We must give the statutory language its “plain and commonsense meaning.” Smith v. LoanMe, Inc., 483 P.3d 869, 872 (Cal. 2021). The plain language of Section 340(c) covers an action brought by a depositor against the bank where the depositor deposits its funds. Nationwide is a depositor with Chase, so Section 340(c) applies to its claim against Chase for “payment of a forged or raised check.” Nationwide points us to a footnote in Roy Supply, Inc. v. Wells Fargo Bank that states Section 340(c) “applies only to an action by a depositor against a payor bank.” 46 Cal. Rptr. 2d 309, 321 n.20 (Ct. App. 1995). Here, Nationwide does not allege that Chase acted negligently in its role as “payor” bank by paying the forged checks. Rather, Nationwide claims Chase negligently accepted the checks from the employee for deposit as the “depositary” bank. But the footnote in Roy Supply stating that Section 340(c) applies only in actions against payor banks is dicta, see 46 Cal. Rptr. at 323 n.25 (explaining that “the statute of limitations issue was not resolved in the trial court and is not at issue 3 24-3059 in this appeal”), and a different lower court

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-JUN-2025 08:09 AM Dkt. 56 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I MEILING K. AKUNA, Plaintiff-Appellant, v. ANDY STEHL and JIM FALK MOTORS OF MAUI, Defendants-Appellees APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISION (CASE NO. 2DRC-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Self-represented Plaintiff-Appellant Meiling K. Akuna (Akuna) appeals from the District Court of the Second Circuit's (district court)1 May 3, 2023 Judgment, entered in favor of 1 The Honorable Blaine J. Kobayashi presided.  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Defendants-Appellees Andy Stehl (Stehl) and Jim Falk Motors of Maui (Falk Motors) (collectively, the Defendants). Akuna raises three issues on appeal,2 contending that the district court: (1) "erred in giving nominal concern in [Akuna's] case"; (2) "erred on the manner in which the trials were conducted"; and (3) "applied the wrong legal standard in finding [Akuna's] case unmerited." Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised, we resolve Akuna's appeal as follows. In August 2021, Akuna filed the operative Amended Complaint, alleging that the Defendants committed fraud by selling her a "truck [that] was previously damaged in a rollover accident" that had been represented as being "a new truck." The case proceeded to a bench trial. After Akuna rested her case, the Defendants moved for a directed verdict. The district court ruled as follows, Ms. Akuna, the [c]ourt in this case has listened to the testimony of the witnesses that you've called to support your claim. 2 We note that Akuna's opening brief does not, among other things, include a statement of points of error or arguments on appeal as required by Hawaiʻi Rules of Appellate Procedure Rule 28. We will nevertheless address Akuna's contentions of error to the extent they are discernible. See U.S. Bank Nat'l Ass'n v. Wright, Nos. CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, & CAAP-20- 0000364, 2023 WL 4104953, at *2 (Haw. App. June 21, 2023) (SDO) ("[W]e interpret pleadings prepared by self-represented litigants liberally and attempt to afford them appellate review even though they fail to comply with court rules.") (citation omitted). 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Ah, the [c]ourt has also had the opportunity to review the exhibits which were received in evidence. You know, unfortunately the [c]ourt [cannot] see or find any evidence of your claim that the vehicle that was sold to you on April 4th, 2013 was, in fact, a used vehicle as opposed to a new vehicle. Ah, because of that, your claim fails and you have not proven by a preponderance of the evidence the claim set forth in your complaint. So unfortunately, at this time the [c]ourt has no alternative but to rule in favor of the [D]efendant[s]. The [c]ourt is granting the defense's motion for directed verdict. Judgment is entered in favor of the [D]efendants and against [Akuna]. (Emphasis added.) A motion for a directed verdict in a district court trial shall be considered as a motion to dismiss under District Court Rules of Civil Procedure (DCRCP) Rule 41(b).3 Cf. Ontai v. Straub Clinic & Hosp. Inc., 66 Haw. 237, 252, 659 P.2d 734, 745 (1983) ("A motion for a directed verdict [under Hawaiʻi Rules of Civil Procedure (HRCP) Rule 50(a)4] in a nonjury case will be 3 DCRCP Rule 41(b) states, in relevant part, After the plaintiff has completed the presentation of the plaintiff's evidence, the defendant, without waiving the defendant's right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS DART BANK, UNPUBLISHED August 13, 2025 Plaintiff-Appellee, 10:57 AM v No. 368841 Ingham Circuit Court POLLICELLA PLLC, LC No. 23-000495-CB Defendant-Appellant. Before: K. F. KELLY, P.J., and MARIANI and ACKERMAN, JJ. PER CURIAM. Defendant, Pollicella PLLC, was the victim of an advance-fee scam. The money it lost came out of its account with plaintiff Dart Bank. When defendant’s account balance became negative, plaintiff invoked the mediation and arbitration provisions of the agreement governing the account. The arbitrator ruled in favor of plaintiff, and the trial court confirmed the award. We affirm. I. BACKGROUND Defendant is a law firm, and a significant portion of its clients are marijuana businesses. When defendant opened an account with plaintiff, the parties executed a marijuana-related business (MRB) addendum, which included a provision that required arbitration for disputes arising out of the agreement. In 2021, defendant was contacted by a person posing as a client who wanted defendant to broker a sale of heavy machinery. Acting in accordance with its correspondence with this supposed client, defendant deposited several Canadian checks into its account with plaintiff and then wired funds to a New York bank account, which in turn sent the money to an entity in Lagos, Nigeria. Defendant wired approximately $650,000 in total before the first check was rejected as fraudulent. Once the checks were rejected, and accounting for the outgoing wire transfers, defendant’s account had a deficit of $372,859.19. The parties attempted mediation, but it was unsuccessful. They then entered binding arbitration as required by the MRB addendum. The arbitrator awarded $372,859.19 to plaintiff— -1- in effect, holding defendant responsible for the entire loss. When defendant did not pay the award, plaintiff brought an action in the trial court for a judgment against defendant in the amount of the arbitrator’s award as well as attorney’s fees, expert witness costs, and other costs incurred. Plaintiff moved to modify the arbitrator’s award, confirm the award as modified, and enter a corresponding judgment. Defendant moved to vacate the award. The trial court granted plaintiff’s motions and denied defendant’s motion. This appeal followed. II. ANALYSIS “We review de novo a trial court’s decision to enforce, vacate, or modify a statutory arbitration award.” Tokar v Albery, 258 Mich App 350, 352; 671 NW2d 139 (2003). However, “[a] court may not review an arbitrator’s factual findings or decision on the merits.” Police Officers Ass’n of Mich v Manistee Co, 250 Mich App 339, 343; 645 NW2d 713 (2002) (citation omitted). “Instead, a court may only review an arbitrator’s decision for errors of law.” TSP Servs, Inc v Nat’l-Standard, LLC, 329 Mich App 615, 620; 944 NW2d 148 (2019). As a result, notwithstanding our de novo review of the trial court’s decision, “[a] court’s power to modify, correct, or vacate an arbitration award . . . is very limited.” Gordon Sel-Way, Inc v Spence Bros, Inc, 438 Mich 488, 495; 475 NW2d 704 (1991). Defendant raises two arguments, but both rest on the premise that plaintiff had an obligation to protect defendant from its own mistakes and that the arbitrator erred in failing to recognize that obligation. Defendant’s arguments have no merit. A. ARBITRATOR’S AUTHORITY Defendant first argues that the arbitrator exceeded his authority by failing to address the MRB addendum. “The scope of an arbitrator’s remedial authority is limited to the contractual agreement of the parties.” Nordlund & Assoc Inc v Hesperia, 288 Mich App 222, 228; 792 NW2d 59 (2010) (quotation marks and citation omitted). “Arbitrators exceed their power when they act beyond the material terms of the contract from which they primarily draw their authority, or in contravention of controlling principles of law.” Id. (cleaned up). This Court therefore “must apply the same legal principles that govern contract interpretation to the interpretation of an arbitration agreement.” Beck v Park West Galleries, Inc, 499 Mich 40, 45; 878 NW2d 804 (2016). Our primary task in construing a contract is

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT HILTON, Plaintiff, 24-CV-9829 (KMW) -against- ORDER OF DISMISSAL LINA GARCIA and MARYLAND AUTHORHOUSE USA, Defendants. KIMBA M. WOOD, United States District Judge: Plaintiff, appearing pro se, brings this action against individual Lina Garcia and Maryland Author House, a self-publishing company (“Defendants”). By Order dated January 7, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. (ECF No. 7.) On February 7, 2025, Plaintiff filed an amended complaint. (ECF No. 11). For the reasons set forth below, the Court dismisses the amended complaint for lack of subject matter jurisdiction. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction over the claims raised. See Fed. R. Civ. P. 12(h)(3). Although the law mandates dismissal on any of these grounds, the Court is obligated to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and to interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (per curiam) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” courts provide to pro se litigants, id. at 475 (citation omitted), has its limits—to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Fed. R. Civ. P. 8(a)(2). Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true, but it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements[.]” Id. at 678-79. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible—not merely possible—that the pleader is entitled to relief. Id. at 678. BACKGROUND The following facts are drawn from the amended complaint.1 Plaintiff alleges that Lina Garcia, a senior publishing consultant, engaged in fraudulent activities by charging $150 to his credit card and not responding to his messages or calls. (ECF No. 11 at 2, 4, 5.) Garcia also advertised a Facebook promotion with misleading pricing, which increased from $300 to $600. 1 The Court quotes from the amended complaint verbatim. All spelling, grammar, and punctuation appear as in the amended complaint, unless noted otherwise. (Id. at 6.) When Plaintiff called self-publishing company Maryland Author House, “they had no idea who Lina Garcia was.” (Id. at 5.) Plaintiff does not state the relationship, if any, between the two. Plaintiff asserts claims of “fraudulent activities, false doctrine, federal stolen funds, regulation . . . violations of fraudulent activities from credit card account security act violation.” (Id. at 2.) Plaintiff seeks unspecified relief. (Id. at 6.) Plaintiff states that he is retired and receiving benefits from the Social Security Administration. (ECF No. 2.) Plaintiff also filed a motion requesting pro bono counsel. (ECF No. 5.)