Rideau

Plaintiffs and appellants Earl B. Rideau and Marina Rideau (the Rideaus) entered into an agreement with condominium developer, Inmobiliaria BGJB de Mexico, S. de R.L. de C.V. (BGJB; not a party to this appeal), to purchase a unit to be constructed in Mexico. The Rideaus deposited funds toward the purchase price with an escrow company, defendant and respondent Stewart Title of California, Inc. (Stewart Title). In the “Sale Escrow Instructions” (the Instructions), Stewart Title agreed to receive funds from the Rideaus, to be released at the seller’s direction to a fund control company, as specified in the Instructions. The project failed and the Rideaus lost their deposit.

In the Rideaus’ prior appeal, we reversed a defense judgment on the basis that the trial court erred in denying their contract claim that Stewart Title had breached the Instructions, when it released their $239,700 deposited funds to entities other than the one specified in the Instructions (California Fund Control; not a party to this appeal; the “fund control company”). (Rideau v. Stewart Title (Sept. 12, 2013, D061497) [nonpub. opn.]; the “prior opinion.”) On remand, the trial court entered judgment…