Chicago Title Insurance v. Superior Court

Chicago Title Insurance Company petitions for two writs of mandate. The first (A030944) seeks review of respondent court’s order compelling discovery of petitioner’s in-house counsel. The second (A032033) requests vacation of respondent court’s order granting summary adjudication of petitioner’s first, third and fifth causes of action. We have ordered the two writs consolidated.

These consolidated petitions for writs of mandate arise from a law suit filed by Chicago Title Insurance Company (CTI) against California Canadian Bank (Bank). In its complaint CTI generally alleged that at all relevant times Robert Dean Financial (RDF) was a corporation which had checking, escrow and trust accounts at the San Mateo branch of Bank. George I. Benny (Benny) was purportedly engaged in the business of purchasing, selling and borrowing against real property. CTI acted as an escrow agent in the transfer of funds from RDF to Benny in transactions whereby RDF delivered to CTI checks drawn on RDF’s trust and escrow accounts at the Bank.

With respect to RDF and Benny, the complaint alleged that both RDF and Benny represented to CTI that said checks were for the financing and refinancing…