California UCC Supersedes Common Law In "Missing Indorsements" Case
Question: Does section 1106(1) of the California Commercial Code, which generally precludes an award of consequential and special damages, supersede common law claims for negligence in a "missing indorsements" case?
Answer: Yes, according to the Second District Court of Appeal in Gil v. Bank of America, N.A. (06 C.D.O.S. 1213, Feb. 9, 2006)
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