Tope

Filed 12/23/14 Certified for Publication 1/20/15 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

STOCKTON MORTGAGE, INC. et al., C071210

Cross-complainants and Appellants, (Super. Ct. No. 39-2009- 00213904-CU-BC-STK) v.

MICHAEL TOPE et al.,

Cross-defendants and Respondents.

This is an appeal from a cross-defendant‟s summary judgment granted First American Title Insurance Company (First American) in a cross-action to recover moneys under a policy of title insurance following a default on a real estate loan to purchase and rehabilitate a residence. The property was subject to a notice of abatement action issued by San Joaquin County requiring repair of defects in the rehabilitation of the residence. The principal claim is that First American breached the title insurance policy by failing to provide coverage for the notice of abatement action. Plaintiffs, investors in a real estate loan, sued defendants and cross-complainants Stockton Mortgage Real Estate Loan Servicing Corporation (SMRELS), Stockton Mortgage, Inc. (Stockton Mortgage), Stockton Management &…