Section 1409 Of Article 1. Depositors From California Financial Code >> Division 1.1. >> Chapter 12. >> Article 1.
1409
. When a statement of account has been rendered by a bank to a
depositor accompanied by vouchers, if any, which are the basis for
debit entries in such account, such account shall, after the period
of four years from the date of its rendition, in the event no
objection thereto has been theretofore made by the depositor, be
deemed finally adjusted and settled and its correctness conclusively
presumed and such depositor shall thereafter be barred from
questioning the correctness of such account for any cause.
A statement of account within the meaning of this section shall be
deemed to have been rendered on a savings or time account when the
bank, by making a notation in the depositor's bank book or in some
other manner reasonably calculated to give notice thereof to the
depositor indicates that a certain sum is the correct balance of the
account.
Nothing herein shall be construed to relieve the depositor from
the duty now imposed by law of exercising due diligence in the
examination of such account and vouchers, if any, when rendered by
the bank and of immediate notification to the bank upon discovery of
any error therein, nor from the legal consequences of neglect of such
duty; nor to prevent the application of subsection (3) of Section
340 of the Code of Civil Procedure to cases governed thereby.