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Jon Fetterly is Counsel in the firm's San Francisco office and a member of the Commercial Litigation and Financial Services Client Service Groups. Mr. Fetterly represents banks in a wide variety of cases involving operations issues, including check and wire fraud, bookkeeper embezzlement, setoff rights, unauthorized funds transfers, ACH and online payments, and other issues involving deposit accounts, negotiable instruments, and credit products. He has extensive experience defending banks in cases involving the Uniform Commercial Code (Articles 3, 4 and 4A), Expedited Funds Availability Act, Electronic Funds Transfer Act, Truth In Lending Act, Fair Credit Reporting Act, Fair Credit Billing Act, and other state and federal statutory and common law claims.

Mr. Fetterly also represents businesses in a broad range of commercial disputes involving contract, unfair business practice, fraud, and other claims.  His experience includes representing clients throughout California in all stages of litigation.

Prior to joining the firm, Mr. Fetterly spent significant time serving as counsel for the Recording Industry Association of America in connection with the recording industry’s lawsuits against those who illegally copy and distribute the record companies’ sound recordings through unauthorized file-sharing programs.

Civic Involvement & Honors

    • Southern California Super Lawyers, Rising Star, 2013-2014
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Professional Affiliations

    • California Bar Association
    • Los Angeles County Bar Association
    • Los Angeles County Bar Association
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Representative Experience

  • Won summary judgment in favor of bank client in California state court where bank dishonored customer’s checks because they were not properly payable; customer’s deposited funds were properly held pursuant to EFAA and were therefore not available to cover checks presented for payment.
  • Successfully dismissed claims based on payment of forged checks brought by customer against bank client in Central District of California federal court on grounds that claims were governed and displaced by UCC.
  • Won summary adjudication in favor of bank client pursuant to UCC § 4406(f) in California state court action based on bank’s payment of checks allegedly forged by bank customer’s bookkeeper.
  • Won summary judgment in favor of bank client in California state court action where bank properly exercised setoff rights pursuant to terms of deposit agreement and customer’s personal guaranty on line of credit.
  • Won summary judgment in favor of bank client in Central District of California federal court action where customer asserted claims based on cancellation of credit cards and denial of credit.
  • Won summary judgment in favor of bank client in California state court action where customer brought claims against bank client based on alleged misconduct by former branch manager, including alleged fraud, negligent misrepresentation, breach of fiduciary duty, and elder abuse.
  • Successfully demurred to quiet title and cancellation of instrument claims alleged against a national bank in state court action filed against bank client seeking to cancel the bank’s deed of trust based on alleged fraud and conspiracy claims.
  • Successfully moved to dismiss claims against bank client in Northern District of California federal court where plaintiff sought damages against bank based on refinancing of real property to which plaintiff claimed an interest.
  • Atlantic Recording Corp. v. Serrano, 2007 U.S. Dist. LEXIS 95203 (S.D. Cal. 2007). Successfully moved to dismiss counter-claims asserted against the record companies in a copyright infringement case and defeated defendant’s motion to dismiss the record companies’ claims.