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Jon Fetterly is a litigator in BCLP’s San Francisco office who represents businesses in wide range of disputes, with extensive experience representing both financial institutions and media entities in litigation matters.

Mr. Fetterly’s financial services litigation experience includes 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.

His media litigation experience includes prosecuting claims arising under the First Amendment for access to public court records, defending against defamation and libel claims, and anti-SLAPP motions.  Early in his practice Mr. Fetterly represented the Recording Industry Association of America in connection with the recording industry’s nationwide litigation against those who illegally distributed copyrighted sound recordings through file-sharing programs. 

Mr. Fetterly’s practice includes unique experience representing businesses in disputes with judicial branch entities in California and throughout the country, including disputes arising from government contract bids and awards.

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.