Kipperman

FACTS AND PROCEDURE

Complaint Dynamic‟s complaint filed in December 2010 contained a single cause of action against First American for negligence. The complaint alleged Dynamic was beneficiary of a third position deed of trust (Third Trust Deed) recorded in January 2001 encumbering the entirety of the 41-acre North Plaza Property. In August 2002, Dynamic decided to release the Third Trust Deed as to most of the North Plaza Property, retaining

All further statutory references are to the Code of Civil Procedure, unless otherwise indicated.

The appellant is Richard Kipperman as trustee in the bankruptcy of North Plaza, to whom Dynamic (a creditor in that bankruptcy) assigned its cause of action. For clarity however, we will generally refer to the appellant as Dynamic. The defendants and respondents are First American Title Insurance, First American Title Insurance Company, and First American Title Company of Los Angeles (a company that no longer exists). We will generally refer to them collectively and in the singular as First American.

2 an interest only in the portion of the property known as Parcel 14. To effectuate that intent, Dynamic provided…