ELYSIAN INVESTMENT GROUP, LLC v. STEWART TITLE GUARANTY COMPANY

No. B151224.

129 Cal.Rptr.2d 372 (2002)

105 Cal.App.4th 315

ELYSIAN INVESTMENT GROUP, LLC, Plaintiff and Appellant, v. STEWART TITLE GUARANTY COMPANY, Defendant and Respondent.

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

December 26, 2002.


Attorney(s) appearing for the Case

McMillan & Herrell, Shelly D. McMillan, Matthew B. Herrell and Roslynn E. Anderson, Beverly Hills, for Plaintiff and Appellant.

Cunningham & Treadwell, Francis J. Cunningham III and Christopher L. Moriarty, Woodland Hills, for Defendant and Respondent.


NOTT, J.

This case presents the question: Does the recording of a "notice of buildings, structures, or premises classified as either hazardous, substandard or a nuisance" comprise either a "defect in or lien or encumbrance on the title" or an "unmarketability of the title" within the meaning of those terms of coverage in a title insurance policy? The trial court concluded that it did not. We affirm.

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