Arthur

Defendant Edith Davis appeals from a judgment in favor of plaintiff Barbara Arthur on various legal and equitable *688 causes of action relating to a certain parcel of Orange County real property. This case is one of those demanding and taxing exercises where the record reveals the court was called upon to deal with questionable and materially inconsistent factual assertions made by the respective parties. Under such circumstances, absent any substantial errors of law, we must trust in the discretion of the trial judge and the common sense of the jury to resolve the case consistent with principles of equity and justice. Finding no such legal errors here, we affirm the judgment.

Factual and Procedural Background

Plaintiff Barbara Arthur and her now-deceased husband, Murray, agreed to buy a house in Garden Grove, California, during May of 1969. Defendant Edith Branson Davis, a licensed real estate broker, handled the escrow. Shortly before escrow was scheduled to close, Murray Arthur told Davis he would be unable to come up with the entire amount required for the down payment. Davis advanced the Arthurs approximately $1,600 in order to allow the escrow to close.

Roughly…

I respectfully dissent from the holding affirming the judgment entered on the slander of title action. The traditional rule in tort as well as contract cases is that the statute of limitations begins to run upon the occurrence of the last fact essential to the cause of action. Although sometimes harsh, the fact plaintiff is neither aware of his cause of action nor of the identity of a wrongdoer will not toll the statute (Saliter v. Pierce Brothers Mortuaries (1978) 81 Cal.App.3d 292, 296 [ 146 Cal.Rptr. 271 ]; Howe v. Pioneer Mfg. Co. (1968) 262 Cal.App.2d 330, 340 [ 68 Cal.Rptr. 617 ]). 1 The “rule of discovery” applied by the majority, has been devised and applied by courts to ameliorate the harshness of this rule. This judicially recognized exception has been applied in the area of professional malpractice. (See Neel v. Magana, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176 [ 98 Cal.Rptr. 837 , 491 P.2d 421 ].) But the cases granted that exception have refused extension of it to ordinary tort and contract actions, justifying the distinction upon the special nature of the relationship between the professional and the client (Neel, supra, at p. 188 ).

The majority rely upon…

WIENER, Acting P.J.

Defendant Edith Davis appeals from a judgment in favor of plaintiff Barbara Arthur on various legal and equitable causes of action relating to a certain parcel of Orange County real property. This case is one of those demanding and taxing exercises where the record reveals the court was called upon to deal with questionable and materially inconsistent factual assertions made by the respective parties. Under such circumstances, absent any substantial errors of law, we must trust in the discretion of the trial judge and the common sense of the jury to resolve the case consistent with principles of equity and justice. Finding no such legal errors here, we affirm the judgment.

Plaintiff Barbara Arthur and her now-deceased husband, Murray, agreed to buy a house in Garden Grove, California, during May of 1969. Defendant Edith Branson Davis, a licensed real estate broker, handled the escrow. Shortly before escrow was scheduled to close, Murray Arthur told Davis he would be unable to come up with the entire amount required for the down payment. Davis advanced the Arthurs approximately $1,600 in order to allow the escrow to close.

Roughly one month later,…