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FIDELITY NATIONAL TITLE INS. CO. v. MILLER

Docket No. D008990.

215 Cal.App.3d 1163 (1989)

264 Cal. Rptr. 17

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Plaintiff and Appellant, v. CLAYTON L. MILLER, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

October 26, 1989.

Attorney(s) appearing for the Case

COUNSEL

Peter C. Holzer and Thomas Allan Shaw for Plaintiff and Appellant.

Duke, Gerstel, Shearer & Bregante, Richard D. Bregante and Michael S. Woodlock for Defendant and Respondent.

OPINION

KREMER, P.J.

Plaintiff Fidelity National Title Insurance Company appeals summary judgment favoring defendant Clayton L. Miller on its complaint for breach of warranty and common counts. We reverse the summary judgment because the record discloses numerous triable factual issues.

I

FACTS

(1) In reviewing the propriety of summary judgment, we must accept the evidence and inferences most...

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