65 Butterfield v. Chicago Title Insurance
Opinion
Opinion
Richli, J.
J.Appellant 65 Butterfield, a California Limited partnership (Butterfield), brought this action on a title insurance policy issued by respondent Chicago Title Insurance Company (Chicago) after the County of Riverside (County) claimed an easement on property owned by Butterfield. The lower court ruled there was no coverage under the policy, and, in any event, the statute of limitations had expired. The court also awarded Chicago its expert costs and attorney fees pursuant to section 998 and former section 1021.1 of the Code of Civil Procedure.
We affirm the judgment based on the statute of limitations. We also uphold the award of fees and costs.
I
Factual and Procedural Background
A. The 1966.CCR's
The subject property consists of 65 acres suitable for residential development which adjoin Butterfield Stage Road, a major arterial public highway. In November 1966, Rancho California, which then owned the property, recorded a declaration of covenants, conditions and restrictions (1966 CCR’s) covering the property. In relevant part, the 1966 CCR’s provided: “Slope easements at a ratio of 2:1 are reserved for improvement of streets to ultimate standards.”