(DOWNLOAD) "People v. Mejia-Lenares" by In the Court of Appeal of the State of California Fifth Appellate District * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Mejia-Lenares
- Author : In the Court of Appeal of the State of California Fifth Appellate District
- Release Date : January 26, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
Plaintiff Donald J. Markowitz (Donald) appeals from a judgment entered following the trial courts granting of a motion for non-suit in favor of Fidelity National Title Company (Fidelity). Donald brought the present action against Fidelity and other defendants, who are not parties to this appeal, based in part on the defendants failure to record a request for reconveyance of a deed of trust on Donalds real property that secured a promissory note held by two of the defendants. Donald alleged that Fidelity, which acted as a sub-escrow in the transaction at issue, breached statutory and fiduciary duties it owed to him. The trial court granted Fidelitys motion for non-suit following Donalds opening statement. Because we find that Donald did not, and could not under the factual circumstances alleged by him, establish that Fidelity owed any duty to him, we conclude that non-suit was properly granted in favor of Fidelity. We therefore affirm the judgment.