Markowitz

INTRODUCTION

Plaintiff Donald J. Markowitz (Donald) appeals from a judgment entered following the trial court’s granting of a motion for nonsuit in favor of Fidelity National Title Company (Fidelity). Donald brought the present action against Fidelity and other defendants, who are not parties to this appeal, based in part on the defendants’ failure to record a request for reconveyance of a deed of trust on Donald’s real property that secured a promissory note held by two of the defendants. Donald alleged that Fidelity, which acted as a sub-escrow in the transaction at issue, breached statutory and fiduciary duties it owed to him. The trial court granted Fidelity’s motion for nonsuit following Donald’s opening statement. Because we find that Donald did not, and could not under the factual circumstances alleged by him, establish that Fidelity owed any duty to him, we conclude that nonsuit was properly granted in favor of Fidelity. We therefore affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The present lawsuit arises out of nonjudicial foreclosure proceedings initiated by Mordechai Kachlon (Mordechai), his wife Monica Kachlon (Monica), and the trustee, Best…