SMITH v. COMMONWEALTH LAND TITLE INS. CO.

Docket No. B009454.

177 Cal.App.3d 625 (1986)

223 Cal. Rptr. 339

MICHAEL SMITH et al., Plaintiffs and Appellants, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

January 31, 1986.


Attorney(s) appearing for the Case

COUNSEL

Perona, Langer, LaTorraca & Beck, Major Alan Langer and Raphael Metzger for Plaintiffs and Appellants.

Rubin, Eagan & Feder and Stephen J. Tully for Defendants and Respondents.


OPINION

ROTH, P.J.

Michael Smith and Gordon Phillips (hereafter Smith) appeal from a judgment of dismissal after the trial court sustained without leave to amend Commonwealth Land Title Insurance Company's demurrer to Smith's third amended complaint.

(1) When reviewing a successful demurrer, we accept as true all well-pleaded allegations, however odd or resistant to proof. (Argonaut Insurance Co. v.

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