LDI Growth Partners v. JPMorgan Chase Bank
Defendant JPMorgan Chase Bank, N.A. (Chase), appeals from the trial court’s rulings on the parties’ cross-motions for summary judgment and summary adjudication. Chase contends the court erred in denying its motion for summary adjudication as to plaintiff LDI Growth Partners LLC’s (LDI) cause of action for statutory conversion, and in granting LDI’s motion for summary adjudication on that claim. Chase argues LDI’s claim fails as a matter of law because LDI admitted in response to a request for admissions that the entity who received certain checks allegedly converted by Chase was not acting as an agent for LDI; it is undisputed that LDI must have directly or through an agent received delivery of the checks to state a claim for conversion. (Cal. U. Com. Code, § 3420.) We reverse, concluding that LDI’s admissions are dispositive.
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