Insurance Coverage Related Matters
The following summaries are cases handled by PL personnel. They are provided to give you a basic understanding of the kinds of cases our personnel have been comfortable with handling in the past, and the results achieved for these former clients. Please understand that we cannot make any guarantees about how your matter may turn out, and the similarity between the facts of your matter and any of these summaries does not mean you will get the same result. All litigation is very fact-specific, and the facts of your case will dictate the results that can be achieved.
Real Property Litigation Matters
Partition action brought by three family members against property owner, Orange County Superior Court
Title insurance company contacted client requesting a signature on a deed because of a simple mistake that had been made. After researching the public records, our firm determined that clients owned two-thirds of a piece of property improperly sold many years ago by a relative. The firm commenced a partition action, and after significant litigation, including a successful motion in court to establish the clients’ interest in the property, a settlement was reached wherein the clients received $300,000 in exchange for their interest in the residence.
Husband and wife homeowners vs. persons who sold them their residence, arbitration in Orange County, California
Clients purchased a luxury home on a hill in Orange County. After move-in, they observed some cracking that had been covered up when the house was shown. Shortly thereafter, larger cracks appeared around the property. Research revealed that the prior homeowners were aware of a land movement issue, but failed to inform the clients of the problem before they purchased the property. Arbitration was commenced against the former owners and their real estate agent, and we reach a settlement that will allow the homeowners to correct the problem.
Individual property owner vs. person who claimed ownership in the property, Orange County Superior Court
Client owned a residence in Orange County. He attempted to convey the property to another person, but the deal fell through due to non-performance by the buyer. However, buyer sued client claiming that a document executed as part of the attempted sale meant that she now owned the entire property, even though she had not paid for it. Matter was resolved by three-day trial wherein the court found for client on all issues.
Mortgage Brokers vs. mortgage customer, Ventura County Superior Court
Clients were the brokers-of-record for a mortgage company that allegedly made misrepresentations to certain customers about a refinance transaction. The matter was tried to a jury, but the two brokers of record were dismissed following the close of the plaintiff's case for failure to state a cause of action against the clients.
Other real property-related matters include:
Arbitration to compel payment of contracted amount from seller of real property.
Bench trial to compel the return of a deposit by a home buyer from the seller after the buyer backed out of an escrow for health reasons.
Litigation alleging negligence on the part of an escrow company which failed to properly reconvey liens known by it to exist, thereby causing loss of a housing project to foreclosure.