Stanford Law School - Robert Crown Law Library

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, 05/15/2002	27 Cal.4th 1160	S097344	Review - Civil Appeal	closed; remittitur issued

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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