SWC BASELINE & CRISMON v. AUGUSTA RANCH

Nos. 1 CA-CV 09-0241, 1-CA-CV 10-0100.

265 P.3d 1070 (2011)

SWC BASELINE & CRISMON INVESTORS, L.L.C., an Arizona limited liability company, Plaintiff/Appellant, California Bank and Trust, a California banking corporation, Third Party Defendant/Appellant, v. AUGUSTA RANCH LIMITED PARTNERSHIP, a Delaware limited partnership, Defendant/Appellee. Augusta Ranch Limited Partnership, a Delaware limited partnership, Counterclaimant/Third Party Plaintiff/Appellant/Cross-Appellee, v. SWC Baseline & Crismon Investors, L.L.C., an Arizona limited liability company, Counterdefendant/Appellee, A.R. Development L.L.C., an Arizona limited liability company, Third Party Defendant/Appellee/Cross-Appellant, W.M. Grace Construction, Inc., Missouri corporation; California Bank and Trust, a California banking corporation; Mark A. Voight and Michelle C. Mencuccini, husband and wife; C. Dennis Knight; Michael Kern, Third Party Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department B.

November 22, 2011.


Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Timothy J. Thomason , Michael J. Plati , Phoenix, Attorneys for Plaintiff/Appellant/Counterdefendant/Appellee, SWC Baseline & Crimson Investors, L.L.C.; Third Party Defendant/Appellant/Cross-Appellee, California Bank and Trust; and Third Party Defendant/Appellee, W.M. Grace Construction, Inc.

David B. Earl , Attorney at Law, By David B. Earl , Phoenix, and Newmeyer & Dillion LLP, By Gregory L. Dillion , pro hac vice, Newport Beach, CA, Attorneys for Defendant/Appellee/Counterclaimaint/Third Party Plaintiff/Appellant/Cross-Appellee, Augusta Ranch Limited Partnership.

The Cavanagh Law Firm, P.A. By Henry L. Timmerman , Taylor C. Young , Phoenix, Attorneys for Third Party Defendant/Appellee/Cross-Appellant, A.R. Development and Third Party Defendants/Appellees, Mark A. Voigt, Michelle C. Mencuccini, C. Dennis Knight and Michael Kern.


OPINION

JOHNSEN, Judge.

¶ 1 In 1992 a corporate investor arranged to acquire more than a thousand acres of real estate from a partnership of which it had become the sole partner. By mistake, the investor prepared and recorded a warranty deed that omitted a critical quarter-acre at the center of a commercial intersection. When the mistake was discovered years later, a firestorm of litigation ensued among the investor's successor and other parties claiming...

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