Won Shil Park v. First American Title Co.

*1421 Opinion

Introduction

Won Shil Park sued First American Title Company (First American) for mishandling the preparation of a deed of trust on a property Park sold. First American’s motion for summary judgment was granted on the ground Park could not prove damages.

Park’s opposition to the motion did not raise a triable issue of material fact. The trial court did not err in sustaining certain evidentiary objections or in denying Park’s request to continue the hearing on the motion. We therefore affirm.

Statement of Facts and Procedural History

Park owned real property in Fresno, California. In March 2006, she sold the property for $7.3 million, taking back a second deed of trust securing a purchase money note in the amount of $2.45 million. First American, the escrow holder for the transaction, prepared the grant deed, the purchase money note, and the deed of trust securing Park’s note. The buyers failed to make payments on Park’s note, and, in September 2006, at Park’s request, First American prepared a notice of default.

In late December 2006, First American informed Park that the deed of trust contained a defect, in that it named the individual buyers as trustors,…