California, United States of America
The following excerpt is from Chazen v. Centennial Bank, 61 Cal.App.4th 532, 71 Cal.Rptr.2d 462 (Cal. App. 1998):
In the face of these well-established principles of decisional law and the specific directives of Financial Code sections 952 and 953, appellants place their chief reliance on an expansive interpretation of dicta in Blackmon v. Hale, supra, 1 Cal.3d 548, 83 Cal.Rptr. 194, 463 P.2d 418. The dicta follows language cited earlier in this [61 Cal.App.4th 540] opinion: "The bank is not liable for the misappropriation of trust funds by the trustee, however, unless the bank has knowledge, actual or constructive, of such misappropriation." (Id. at p. 556, 83 Cal.Rptr. 194, 463 P.2d 418, italics added.) Similar language concerning actual or constructive knowledge is found in
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