Citation 27 Cal.4th 1160
Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co.
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.
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.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 05/15/2002 | 27 Cal.4th 1160 | S097344 | Review - Civil Appeal | closed; remittitur issued |
Parties
| 1 |
American Insurance Association (Amicus curiae) Represented by Robert M. Dato Stephan, Oringher, Richman & Theodora 2029 Century Park East, 6th Floor Los Angeles, CA |
| 2 |
American Insurance Association (Amicus curiae) Represented by Edith R. Matthai Robie & Mathai 500 South Grand Avenue, 15th Floor Los Angeles, CA |
| 3 |
Association 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 |
| 4 |
Association Of Southern California Defense Counsel (Amicus curiae) Represented by Edith R. Matthai Robie & Matthai 500 S Grand #1500 Los Angeles, CA |
| 5 | California Defense Counsel (Amicus curiae) |
| 6 |
California Land Title Association (Amicus curiae) Represented by Terry S. Kaplan Billet, Kaplan, & Dawley 1888 Century Park East, Suite 1700 Los Angeles, CA |
| 7 |
Continental Lawyers Title Company (Defendant and Appellant) Represented by Marc E. Rohatiner 11400 West Olympic Boulevard 11400 West Olympic Boulevard Ninth Floor Los Angeles, CA |
| 8 |
Summit Financial Holdings, Ltd. (Plaintiff and Respondent) Represented by Robert Michael Grandon Grandon & Associates 242 South Orange Avenue, Suite 202 Brea, CA |
| Disposition | |
| Mar 7 2002 | Opinion: Affirmed |
| Dockets | |
| May 4 2001 |
Petition for review filed Respondent Summit Financial Holdings, Ltd. |
| May 8 2001 | Record requested |
| May 9 2001 |
Received Court of Appeal record 1 doghouse |
| Jun 13 2001 |
VPetition for Review Granted (civil case) Votes: Geo, CJ., Bax, Wer, Chi and Brn, JJ. |
| Jul 17 2001 |
Application 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 2001 |
Opening Brief on the Merits filed with permission Respondent Summit Financial Holdings LTD. |
| Aug 14 2001 |
Answer brief on the merits filed appellant CONTINENTAL LAWYERS TITLE COMPANY |
| Aug 31 2001 |
Application for Extension of Time filed to file Reply Brief/Merits faxed -> SF |
| Sep 6 2001 |
Extension 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 2001 |
Reply brief filed (case fully briefed) by respondent Summit Financial Holdings Ltd. |
| Oct 17 2001 |
Application for Extension of Time filed by Assoc. of So. Ca. Defense Counsel & Amer. Ins. Assoc., to file Amici Curiae Brief |
| Oct 19 2001 |
Received application to file Amicus Curiae Brief and brief under separate cover, Amici, California Land Title Association, supporting, applnt., - Continental Lawyers Title Company |
| Oct 24 2001 |
Extension 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 2001 |
Permission 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 2001 |
Amicus 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 2001 |
Received 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 2001 |
Permission 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 2001 |
Amicus 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 2001 |
Received: from Roger Bernhardt, professor of law at Golden Gate University, copy of article from the California Real Property Law Reporter. |
| Nov 16 2001 |
Response to Amicus Curiae Brief filed by: resp., Summit Finincial Holdings, responding to AC of Calif Land Title Assoc.'s brief |
| Nov 26 2001 |
Received letter from: counsel for appellant Continental Lawyers Title Company responding to professor Roger Bernhardt's letter. |
| Nov 28 2001 |
Request for extension of time filed to file reply to amicus brief of American Insurance Assoc and Association of So. Calif. Defense Counsel. |
| Dec 3 2001 |
Case ordered on calendar 1-7-02, 1:30pm, S.F. |
| Dec 4 2001 |
Received letter from: Terry S. Kaplan, counsel for Amicus Curiae California Land Title Association. |
| Dec 4 2001 |
Received letter from: Marc E. Rohatiner, counsel for appellant Continental Lawyers Title Company |
| Dec 11 2001 |
Filed: appln of aplt to allocate oral argument time to A/C. |
| Dec 18 2001 |
Extension 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 2001 |
Response to amicus curiae brief filed respondent SUMMIT FINANCIAL HOLDINGS LTD. |
| Jan 7 2002 | Cause argued and submitted |
| Mar 7 2002 |
Opinion 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 2002 |
Rehearing petition filed respondent, Summit Financial Holdings, Ltd |
| Mar 26 2002 |
Time extended to consider modification or rehearing To June 5, 2002. |
| Apr 3 2002 |
Answer to rehearing petition filed appellant, Continental Lawyers Title Company |
| Apr 15 2002 |
Received: respondent, Summit Financial Holdings' -- reply to rehearing petition -- |
| May 15 2002 | Rehearing denied |
| May 15 2002 |
Opinion 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 2002 |
Remittitur issued (civil case) To 4 DCA Div. 1 |
| May 24 2002 |
Received: Receipt for remittitur from 4 DCA Div. 1. |
| Briefs | |
| Jul 24 2001 |
Opening Brief on the Merits filed with permission Respondent Summit Financial Holdings LTD. |
| Aug 14 2001 |
Answer brief on the merits filed appellant CONTINENTAL LAWYERS TITLE COMPANY |
| Sep 19 2001 |
Reply brief filed (case fully briefed) by respondent Summit Financial Holdings Ltd. |
| Oct 31 2001 |
Amicus 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 2001 |
Amicus 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 2001 |
Response to Amicus Curiae Brief filed by: resp., Summit Finincial Holdings, responding to AC of Calif Land Title Assoc.'s brief |
| Dec 28 2001 |
Response to amicus curiae brief filed respondent SUMMIT FINANCIAL HOLDINGS LTD. |
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