Kangarlou

Kangarlou v. Progressive Title Co., Inc.

Good Law
128 Cal. App. 4th 1174·2005 Cal. App. LEXIS 686·2005 D.A.R. 4976·2005 Daily Journal DAR 4976·27 Cal. Rptr. 3d 754
Court of Appeal of CaliforniaApril 28, 2005B177400California1,328 words

Opinion

Opinion

Epstein, J.

This case arises from a dispute between the buyer of residential property and her escrow agent. The buyer was awarded judgment but denied attorney fees. We reverse the denial of fees because the escrow instructions contained an attorney fees clause and the buyer’s suit alleged the escrow agent breached its contractual duties.

FACTUAL AND PROCEDURAL SUMMARY

In 2001, appellant Monique Kangarlou purchased a house in Los Angeles. According to appellant, before the escrow closed, she informed the real estate agent that she could not afford the monthly payment and wanted out of the deal, but the agent threatened to withhold money she had deposited in escrow and told her she would be liable for the purchase price. The transaction was completed.

Soon after, appellant sued respondents Progressive Title Company, Inc., Westland Escrow Division, and Lori Weaver, who were her escrow agent and holder. She also sued others involved in the transaction. She alleged her real estate agent, real estate broker, and loan broker were not properly licensed, and that her escrow agent and lender violated Business and Professions Code section 10137 by transacting business through unlicensed…

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