AAROE v. FIRST AMERICAN TITLE INS. CO.

Docket No. A042122.

222 Cal.App.3d 124 (1990)

271 Cal. Rptr. 434

CAROL AAROE et al., Plaintiffs and Appellants, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant and Respondent.

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

July 18, 1990.


Attorney(s) appearing for the Case

COUNSEL

Christopher R. Haran and Daniel F. McHugh for Plaintiffs and Appellants.

Levinson & Lieberman, Lawrence R. Lieberman and Patricia M. Snyder for Defendant and Respondent.


OPINION

PETERSON, J.

Appellants challenge a trial court order granting a nonsuit on statute of limitations grounds, and thus barring their claims for an alleged civil conspiracy to defraud. We agree with appellants that their claims survived under the provisions of Code of Civil Procedure section 338, subdivision (d) (section 338(d)); and that the order of nonsuit was, therefore, erroneously granted. We reverse and remand.

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