Bianchi

I dissent.

In a complaint filed one day before expiration of the statute of limitations, appellant alleged liability on the part of respondent title company and 10 Does for personal injuries allegedly suffered on April 22, 1963, by reason of defective maintenance of a staircase in a building owned by respondent. Respondent answered, alleging that it held title “as trustee for certain designated beneficiaries” and explicitly denying that it “owned, operated, maintained and controlled” the building. Appellant nevertheless made no attempt to bring into the action the beneficial owners. The pretrial conference order determined that respondent “held bare record title to the premises involved as trustee for certain designated beneficiaries” but appellant apparently still made no effort to bring in those parties; the pretrial conference order included a provision dismissing “all fictitious defendants.” There is no indication that appellant resisted that order, although the statute of limitations had by then run. Appellant’s predicament, which resulted in the granting of a nonsuit, thus must be attributed to incomplete investigation and preparation of his case. I cannot join in rescuing…

Respondent, in applying for a rehearing, contends that there is variance between some of the court’s statements and the record. Reviewing the record, we find that there were no misstatements. We explain briefly.

1. Respondent states that the reference to the answer to the interrogatories “which assured plaintiff that respondent’s insurance policy was applicable to this case” is inaccurate because the answer, respondent asserts, was: “At this time there is no dispute as to the coverage under this policy.” Nowhere in the record does the quotation given by respondent appear. *245 The interrogatories were not a part of the record, but at the hearing counsel for appellant informed the judge that the answer to an interrogatory is: “There is no reason why this policy doesn’t apply to this accident.” To this, counsel for respondent replied, “That is correct, Your Honor.”

2. Respondent argues that the transcript makes it clear that the application for the elevator permit was not made by Western Title but by Federal Insurance Company. It is true that Federal employed a firm of elevator inspectors to apply for and obtain the elevator permits. According to the testimony of an officer of…

Plaintiff was injured while working as a maintenance man. He alleges that the condition of the building was unsafe, wherefore he was caused to fall. His injuries evidently were substantial, for there is asserted a large workman’s compensation lien of his employer, a service *237 company. This action is brought against defendant, Western Title Insurance & Guaranty Co. Judgment of dismissal upon nonsuit was granted on the proposition that the title company, although holder of legal title, was not a trustee of an active trust and had no duty to keep the premises in repair. Appellant contends primarily that respondent is held to responsibility under the law, and secondarily that respondent is estopped to deny its suability as a defendant.

The complaint charges respondent and several Does with violation of duty to appellant by negligent maintenance of property. Respondent’s answer contains general denials and alleges contributory negligence. It asserts that respondent held title to the property as trustee for certain designated beneficiaries. (Without doubt, respondent would be liable for negligence if it were an active trustee [.Johnston v. Long, 30 Cal.2d 54 ( 181 P.2d 645…

Plaintiff was injured while working as a maintenance man. He alleges that the condition of the building was unsafe, wherefore he was caused to fall. His injuries evidently were substantial, for there is asserted a large workman's compensation lien of his employer, a service company. This action is brought against defendant, Western Title Insurance & Guaranty Co. Judgment of dismissal upon nonsuit was granted on the proposition that the title company, although holder of legal title, was not a trustee of an active trust and had no duty to keep the premises in repair. Appellant contends primarily that respondent is held to responsibility under the law, and secondarily that respondent is estopped to deny its suability as a defendant.

The complaint charges respondent and several Does with violation of duty to appellant by negligent maintenance of property. Respondent's answer contains general denials and alleges contributory negligence. It asserts that respondent held title to the property as trustee for certain designated beneficiaries. (Without doubt, respondent would be liable for negligence if it were an active trustee [ Johnston v. Long, 30 Cal.2d 54 ( 181…