Native Sun Investment Group v. Ticor Title Insurance

Statement of the Case

Plaintiff and appellant Native Sun Investment Group, a California limited partnership (Native Sun), appeals from a judgment entered in favor of defendant and respondent Ticor Title Insurance Company of California (Ticor). On appeal, Native Sun argues that the trial court’s rulings on five issues of law were erroneous. Because we hold that the trial court correctly applied the law to the facts encompassed by its statement of decision, we affirm the judgment.

Factual Summary

In late 1979 and early 1980 Native Sun purchased two adjoining parcels of land on the coast in the City of Carlsbad. Native Sun paid a total of *1270 $2,090,000 for the parcels, and Ticor insured Native Sun’s title to each of them including coverage of any claim to fee title by the state as sovereign. Ticor’s policies, however, excepted from coverage any easements, liens or encumbrances which were not shown by public records.

After purchasing the parcels, Native Sun proceeded with its plan to develop them. On August 19, 1980, while Native Sun’s development plans were pending before the City of Carlsbad, the State of California sent the city a letter in which it claimed an…

JConcurring.—There is substantial evidence to support the trial court’s finding that the assertion of the uncovered Gion-Dietz claim was the legal cause of Native Sun’s damages. I am surprised that Native Sun has not argued that a title insurer is liable for damages where the damages may be concurrently caused by both covered and uncovered claims. Native Sun, however, does not say that Ticor is liable for damages caused by the unmarketability of the property even if those damages were concurrently caused by the assertion of the Gion-Dietz claims. Consequently since this issue was neither presented nor argued and there is no challenge to the sufficiency of the evidence any error resulting from the trial court’s incorrect finding of marketability becomes harmless.

I also believe there is substantial evidence to support the trial court finding that Jampol as Native Sun’s attorney acted in accordance with his professional responsibilities toward his client and thus Ticor is not liable for additional attorney’s fees incurred by Native Sun. Accordingly, because of the foregoing I concur in the result reached by the majority.

Plaintiff and appellant Native Sun Investment Group, a California limited partnership (Native Sun), appeals from a judgment entered in favor of defendant and respondent Ticor Title Insurance Company of California (Ticor). On appeal, Native Sun argues that the trial court's rulings on five issues of law were erroneous. Because we hold that the trial court correctly applied the law to the facts encompassed by its statement of decision, we affirm the judgment.

In late 1979 and early 1980 Native Sun purchased two adjoining parcels of land on the coast in the City of Carlsbad. Native Sun paid a total of $2,090,000 for the parcels, and Ticor insured Native Sun's title to each of them including coverage of any claim to fee title by the state as sovereign. Ticor's policies, however, excepted from coverage any easements, liens or encumbrances which were not shown by public records.

After purchasing the parcels, Native Sun proceeded with its plan to develop them. On August 19, 1980, while Native Sun's development plans were pending before the City of Carlsbad, the State of California sent the city a letter in which it claimed an interest in the parcels. On September…