BANK OF THE WEST told me if i made a deposit that day i would not be charged for an additional returned item fee Long Beach, California Internet

bank of the west charged $26. returned item fee, then told me if i got my deposit in that day it would save me having to pay an additional returned item fee of $35. which i deposited $75. to cover a $52.12 chk.

It sounds like they returned one check(thus charging you $26).  But it is hard to tell if you are saying that they returned the $52.12 check or that was ANOTHER check that was going to come in. You also didn't mention what balance your register showed or if there were any outstanding debits or checks.  The main point is did the $75 you deposited cover ALL of the outstanding items you had.  If you had a $0(or negative) balance $52.12 plus $26 is $78.12 and you still would be at least $3.12 in overdraft with the $75 deposit.  It would also matter when you made the deposit, that is was it after their cut-off time?

By the way average daily balance means NOTHING in terms of your available account balance.  You could have $0 in your account on the 1st, and $1000 in your account on the 3rd.  So your AVERAGE balance would be $500.  However, if you had a check come in on the second for $50 you would still overdraw your account because the $1000 was not in the account yet.