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HERITAGE OAKS PARTNERS v. FIRST AMER. TITLE

No. B189537.

66 Cal.Rptr.3d 510 (2007)

155 Cal.App.4th 339

HERITAGE OAKS PARTNERS and Altmans Investment Co., Plaintiffs and Appellants, v. FIRST AMERICAN TITLE INS. CO., Defendant and Respondent.

Court of Appeal of California, Second District, Division Six.

September 19, 2007.

Attorney(s) appearing for the Case

Thomas E. Alborg, Michael J. Veiluva, Alborg, Veiluva & Epstein, Walnut Creek, for Appellants.

Michael W. Case, Douglas E. Kulper, Ferguson, Case, Orr, Paterson, Ventura, for Respondent.

YEGAN, J.

In this case of first impression, we hold that in a non-judicial foreclosure sale, a trustee who allegedly is negligent in believing that it is the trustee of record, and who conveys title to a successful bidder, owes no duty to subsequent purchasers of the property.

Heritage Oaks Partners et al. (Heritage Oaks) appeal from the summary judgment granted in favor of First American Title Ins. Co. (First American) in this action for negligence and equitable...

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