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DIEDIKER v. PEELLE FINANCIAL CORP.

Docket No. B111013.

60 Cal.App.4th 288 (1997)

ELMER J. DIEDIKER, JR., et al., Plaintiffs and Appellants, v. PEELLE FINANCIAL CORPORATION, Defendant and Respondent.

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

December 22, 1997.

Attorney(s) appearing for the Case

COUNSEL

Gibbs, Giden, Locher & Acret, Anya Stanley and Barbara L. Hamilton for Plaintiffs and Appellants.

Stephen E. Anderson and Richard D. Simpson, Jr., for Defendant and Respondent.

OPINION

BARON, J.

This case derives from the actions of a title insurance company which issued a policy insuring title to a property without excepting an Internal Revenue Service lien despite its knowledge of the lien's existence. The insurance company now seeks to recover the amount eventually paid to the IRS on behalf of its policyholder from the trustee who, lacking knowledge of the existence of the lien, conducted a foreclosure...

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