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GARTON v. TITLE INS. & TRUST CO.

Docket No. 18379.

106 Cal.App.3d 365 (1980)

165 Cal. Rptr. 449

CHARLES P. GARTON et al., Plaintiffs and Appellants, v. TITLE INSURANCE AND TRUST COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 30, 1980.

Attorney(s) appearing for the Case

COUNSEL

Mikacich, Schenk & Gale and James H. Schenk for Plaintiffs and Appellants.

McDonough, Holland, Schwartz & Allen and Richard W. Nichols for Defendants and Respondents.

OPINION

REYNOSO, J.

We consider whether a cause of action was stated on the basis of (1) a false acknowledgment on a deed of trust, and (2) for breach of contract and negligent performance of duties as title searcher and escrow holder in a transaction dealing with real property. Plaintiffs Charles P. and Burleen Garton appeal from a judgment of dismissal with prejudice in favor of defendants Title Insurance and Trust Company (TI&...

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