Fabinger

Filed 8/18/14 Fabinger v. International Fidelity Ins. Co. CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

LUDEK FABINGER, C072328

Plaintiff and Respondent, (Super. Ct. No. SCV27567)

v.

INTERNATIONAL FIDELITY INSURANCE

COMPANY,

Defendant and Appellant.

Plaintiff Ludek Fabinger contracted to purchase a luxury penthouse condominium at Lake Tahoe, and deposited $3,000,000 in earnest money. In accordance with state law, this deposit was covered by surety bonds, and then released to the developer. The developer defaulted on the construction loan, and, at the close of escrow of the condominium, was unable to deliver clear title. Fabinger demanded of the developer and the sureties the return of his earnest…