2018 California Code
Commercial Code - COM
DIVISION 3 - NEGOTIABLE INSTRUMENTS
CHAPTER 4 - Liability of Parties
Section 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) If (i) a person whose intent determines to wstyle="margin:0 0 0.5em 0;clear:both;"/>
(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.
(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)