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SUMMIT FINANCIAL HOLDINGS, LTD. v. CLTC

No. S097344.

117 Cal.Rptr.2d 541 (2002)

27 Cal.4th 705

41 P.3d 548

SUMMIT FINANCIAL HOLDINGS, LTD., Plaintiff and Respondent, v. CONTINENTAL LAWYERS TITLE COMPANY, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing May 15, 2002.

Attorney(s) appearing for the Case

Wolf, Rifkin & Shapiro and Marc E. Rohatiner, Los Angeles, for Defendant and Appellant.

Billet, Kaplan & Dawley and Terry S. Kaplan, Los Angeles, for California Land Title Association as Amicus Curiae on behalf of Defendant and Appellant.

Stephan, Oringher, Richman & Theodora, Harry W.R. Chamberlain II, Los Angeles, Robert M. Dato; Robie & Matthai, Edith M. Matthai and Pamela E. Dunn, Los Angeles, for American Insurance Association and Association of Southern California Defense Counsel as Amici Curiae on behalf of Defendant and Appellant.

Doumani & Grandon, Grandon & Associates, Robert M. Grandon; Callahan & Blaine and Jim P. Mahacek, Santa Ana, for Plaintiff and Respondent.

BROWN, J.

The question presented by this case is whether an escrow holder owes a duty of care to a nonparty to the escrow based on an assignment to that nonparty by another nonparty to the escrow. We answer this question in the negative.

The complicated factual background of this case will be presented more fully below, but in brief, the question presented arises under the following circumstances: Dr. John Furnish, the maker of a promissory note secured by...

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