Falk v. Mt. Whitney Savings & Loan Association

5 F.3d 347 Elynor Rudnick FALK, Plaintiff-Appellant, v. MT. WHITNEY SAVINGS & LOAN ASSOCIATION, Federal Savings & Loan Insurance Co.; Federal Deposit Insur. Corporation; Ticor Title Insurance Company, Defendants-Appellees. No. 91-15920. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1992. Decided Jan. 8, 1993. As Amended Sept. 22, 1993. William A. Anderson, and Thomas S. Clark, Arrache, Clark & Potter, Bakersfield, CA, for plaintiff-appellant. Brian S. Healy and Paula J. Hensley, Tarkington, O'Connor & O'Neill, San Francisco, CA, for defendant-appellee. Appeal from the United States District Court for the Eastern District of California. Before: CHAMBERS * , SCHROEDER and BEEZER, Circuit Judges. BEEZER, Circuit Judge: 1 Elynor Rudnick Falk did not mean to sell all 10 acres of her Bakersfield property to the Ashjians. She intended to keep 1.65 acres for herself. Because of an alleged error by the title company, however, not only the grant deed, but also the buyer's deed of trust described all 10 acres. 2 Soon after these deeds were executed, Falk attempted to have the 1.65-acre portion reconveyed to her and the encumbrance removed from…