Lick Mill Creek Apartments v. Chicago Title Insurance

Plaintiffs Lick Mill Creek Apartments and Prometheus Development Company, Inc., appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the demurrer of defendants Chicago Title Insurance Company and First American Title Insurance Company to plaintiffs’ first amended complaint. The trial court determined, based on undisputed facts alleged in the complaint, that title insurance policies issued by defendants did not provide coverage for the costs of removing hazardous substances from plaintiffs’ property. For the reasons stated below, we conclude the trial court’s ruling was correct and affirm the judgment.

Scope, of Review

“A general demurrer presents the same question to the appellate court as to the trial court, namely, whether the plaintiff has alleged sufficient facts to justify any relief, notwithstanding superfluous allegations or claims for unjustified relief. [Citations.] ‘[T]he allegations of the complaint must be liberally construed with a view to attaining substantial justice among the parties. (Code Civ. Proc., § 452.)’ [Citation.] Pleading defects which do not affect substantial rights of the parties should be…