Supreme Court of California Justia
Citation 27 Cal.4th 1160
Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co.



Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co. (2002)27 Cal.4th 1160a , -- Cal.Rptr.2d --; -- P.3d --

[No. S097344. May 15, 2002.]

SUMMIT FINANCIAL HOLDINGS, LTD., Plaintiff and Respondent, v. CONTINENTAL LAWYERS TITLE COMPANY, Defendant and Appellant.

[Modification fn. * of opinion (27 Cal.4th 705).]

THE COURT.-

The opinion herein, filed on March 7, 2002, appearing at 27 Cal.4th 705, is modified as follows:

The fifth sentence of the third full paragraph on page 715 is modified to read as follows:

"Second, although the certainty of injury element is satisfied because the evidence supports the conclusion that Summit did not receive the funds paid to Talbert, the foreseeability of harm element does not support a duty because there is no suggestion CLTC could have foreseen that Talbert would not disburse the funds to Summit."

This modification does not affect the judgment.

­FN *. This modification reqires the movement of text affecting pages 715-716 of the bound volume report.

Petition for review after the Court of Appeal reversed the judgment in a civil action. This case concerns whether an escrow holder owes a duty of care to third parties, or only to the parties and participants in the escrow.

Opinion Information
Date:Citation:Docket Number:Category:Status:
Wed, 05/15/200227 Cal.4th 1160S097344Review - Civil Appealclosed; remittitur issued

Parties
1Summit Financial Holdings, Ltd. (Plaintiff and Respondent)
Represented by Robert Michael Grandon
Grandon & Associates
242 South Orange Avenue, Suite 202
Brea, CA

2Continental Lawyers Title Company (Defendant and Appellant)
Represented by Marc E. Rohatiner
11400 West Olympic Boulevard
11400 West Olympic Boulevard
Ninth Floor
Los Angeles, CA

3California Defense Counsel (Amicus curiae)
4California Land Title Association (Amicus curiae)
Represented by Terry S. Kaplan
Billet, Kaplan, & Dawley
1888 Century Park East, Suite 1700
Los Angeles, CA

5American Insurance Association (Amicus curiae)
Represented by Robert M. Dato
Stephan, Oringher, Richman & Theodora
2029 Century Park East, 6th Floor
Los Angeles, CA

6American Insurance Association (Amicus curiae)
Represented by Edith R. Matthai
Robie & Mathai
500 South Grand Avenue, 15th Floor
Los Angeles, CA

7Association Of Southern California Defense Counsel (Amicus curiae)
Represented by Robert M. Dato
Stephan Oringher Richman & Theodora, P.C.
2029 Century Park East, 6th Floor
Los Angeles, CA

8Association Of Southern California Defense Counsel (Amicus curiae)
Represented by Edith R. Matthai
Robie & Matthai
500 S Grand #1500
Los Angeles, CA


Disposition
Mar 7 2002Opinion: Affirmed

Dockets
May 4 2001Petition for review filed
Respondent Summit Financial Holdings, Ltd.
May 8 2001Record requested
May 9 2001Received Court of Appeal record
1 doghouse
Jun 13 2001VPetition for Review Granted (civil case)
Votes: Geo, CJ., Bax, Wer, Chi and Brn, JJ.
Jul 17 2001Application filed requesting Relief from Default
for Late Opening Brief/Merits of SUMMIT FINANCIAL HOLDINGS Respondent -- Opening Brief-Merits -- received Late -- tcw counsel of record, requesting this application for relief
Jul 24 2001Opening Brief on the Merits filed with permission
Respondent Summit Financial Holdings LTD.
Aug 14 2001Answer brief on the merits filed
appellant CONTINENTAL LAWYERS TITLE COMPANY
Aug 31 2001Application for Extension of Time filed
to file Reply Brief/Merits faxed -> SF
Sep 6 2001Extension of Time application Granted
To September 19, 2001 to file respondent's reply breif on the merits. "No further extensions will be granted."
Sep 19 2001Reply brief filed (case fully briefed)
by respondent Summit Financial Holdings Ltd.
Oct 17 2001Application for Extension of Time filed
by Assoc. of So. Ca. Defense Counsel & Amer. Ins. Assoc., to file Amici Curiae Brief
Oct 19 2001Received application to file Amicus Curiae Brief
and brief under separate cover, Amici, California Land Title Association, supporting, applnt., - Continental Lawyers Title Company
Oct 24 2001Extension of Time application Granted
To November 9, 2001 to file application and AC Brief of Association of Southern California Defense Counsel and American Insurance Association in support of appellant. An answer may be filed by any party within 20 days of the filing of the AC Brief.
Oct 31 2001Permission to file amicus curiae brief granted
California Land Title Association in support of appellant Continental Lawyers Title Company. Answer is due within 20 days of the filing of the brief.
Oct 31 2001Amicus Curiae Brief filed by:
California Land Title Association in support of appellant Continental Lawyers Title Company. Answer is due within 20 days of the filing of the brief.
Nov 7 2001Received application to file Amicus Curiae Brief
American Ins. Assoc. & Assoc of So. Calif. Defense Counsel [ app/Brf under same cover] * submitted per granted extension request * [supports aplnt/ Continental Lyrs.]
Nov 15 2001Permission to file amicus curiae brief granted
of American Insurance Association and Association of Southern California Defense Counsel in support of Appellant. Answer is due within twenty days.
Nov 15 2001Amicus Curiae Brief filed by:
American Insurance Association and Association of Southern California Defense Counsel in support of appellant Continental Lawyers Title Company. Answer is due within twenty days.
Nov 16 2001Received:
from Roger Bernhardt, professor of law at Golden Gate University, copy of article from the California Real Property Law Reporter.
Nov 16 2001Response to Amicus Curiae Brief filed by:
resp., Summit Finincial Holdings, responding to AC of Calif Land Title Assoc.'s brief
Nov 26 2001Received letter from:
counsel for appellant Continental Lawyers Title Company responding to professor Roger Bernhardt's letter.
Nov 28 2001Request for extension of time filed
to file reply to amicus brief of American Insurance Assoc and Association of So. Calif. Defense Counsel.
Dec 3 2001Case ordered on calendar
1-7-02, 1:30pm, S.F.
Dec 4 2001Received letter from:
Terry S. Kaplan, counsel for Amicus Curiae California Land Title Association.
Dec 4 2001Received letter from:
Marc E. Rohatiner, counsel for appellant Continental Lawyers Title Company
Dec 11 2001Filed:
appln of aplt to allocate oral argument time to A/C.
Dec 18 2001Extension of time granted
To December 28, 2001 to file respondent's response to amicus curiae brief of American Insurance Association and Association of Southern California Defense Counsel.
Dec 28 2001Response to amicus curiae brief filed
respondent SUMMIT FINANCIAL HOLDINGS LTD.
Jan 7 2002Cause argued and submitted
Mar 7 2002Opinion filed: Judgment affirmed in full
Majority Opinion by Brown, J. -- joined by George C.J., Kennard, Baxter, Werdegar, Chin & Moreno, JJ. Concurring Opinion by Werdegar, J. -- joined by Moreno, J.
Mar 22 2002Rehearing petition filed
respondent, Summit Financial Holdings, Ltd
Mar 26 2002Time extended to consider modification or rehearing
To June 5, 2002.
Apr 3 2002Answer to rehearing petition filed
appellant, Continental Lawyers Title Company
Apr 15 2002Received:
respondent, Summit Financial Holdings' -- reply to rehearing petition --
May 15 2002Rehearing denied
May 15 2002Opinion modified - no change in judgment
The fifth sentence of the third full paragraph on page 715 is modified to read as follows: [Second, although the certainty of injury element is satisfied because the evidence supports the conclusion that Summit did not receive the funds paid to Talbert, the foreseeability of harm element does not support a duty because there is no suggestion CLTC could have foreseen that Talbert would not disburse the funds to Summit.]
May 15 2002Remittitur issued (civil case)
To 4 DCA Div. 1
May 24 2002Received:
Receipt for remittitur from 4 DCA Div. 1.

Briefs
Jul 24 2001Opening Brief on the Merits filed with permission
Respondent Summit Financial Holdings LTD.
Aug 14 2001Answer brief on the merits filed
appellant CONTINENTAL LAWYERS TITLE COMPANY
Sep 19 2001Reply brief filed (case fully briefed)
by respondent Summit Financial Holdings Ltd.
Oct 31 2001Amicus Curiae Brief filed by:
California Land Title Association in support of appellant Continental Lawyers Title Company. Answer is due within 20 days of the filing of the brief.
Nov 15 2001Amicus Curiae Brief filed by:
American Insurance Association and Association of Southern California Defense Counsel in support of appellant Continental Lawyers Title Company. Answer is due within twenty days.
Nov 16 2001Response to Amicus Curiae Brief filed by:
resp., Summit Finincial Holdings, responding to AC of Calif Land Title Assoc.'s brief
Dec 28 2001Response to amicus curiae brief filed
respondent SUMMIT FINANCIAL HOLDINGS LTD.
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