Herbert A. Crocker & Co. v. Transamerica Title Insurance

Plaintiffs Herbert A. Crocker & Company (Crocker) and William H. McDevitt (McDevitt) appeal from an adverse judgment in their action against defendants Transamerica Title Insurance Company (Transamerica) and First American Title Insurance Company (First American Title) following the granting of individual motions for summary adjudication on plaintiffs’ cause of action for abstractor’s negligence. At issue on appeal is whether the trial court properly determined that plaintiffs’ action was barred by the two-year statute of limitations for actions for abstractor’s negligence (Code Civ. Proc., § 339, subd. I). Finding no error in the trial court’s conclusion we affirm.

The Facts

This case concerns a piece of partially developed real property located at 507 Francisco Boulevard in San Rafael on which presently sits a restaurant known as Dominic’s. In order to understand the dispute between the parties, some history is required.

Upon its admission to the United States of America in 1850, the State of California assumed title to all tidelands and submerged lands within its boundaries to be held in trust for public purposes of navigation, commerce, and fisheries. (City of Long…