TSF 53419 v. Fidelity Nat. Title Ins. CA2/3

INTRODUCTION

Plaintiff and appellant TSF 53419, LLC (TSF) appeals an order granting the motion for summary judgment of defendant and respondent Fidelity National Title Insurance Company (Fidelity).1 The gravamen of TSF’s lawsuit is that it is entitled to collect monies due under a promissory note executed by Trimark Pacfic-Valle Di Oro, LLC (Trimark). TSF sued numerous parties, including Trimark and Fidelity, to recover the sum due under the promissory note. TSF’s only cause of action against Fidelity is for negligence. Fidelity served as the escrow holder and title insurer in the sale of nine condominiums by Trimark to various individuals (Homeowners).2 TSF alleges that Fidelity negligently transferred title to the condominium units to the Homeowners and funds to Trimark without verifying that Trimark’s debt to TSF was fully paid and obtaining reconveyances of the promissory note and related deed of trust from TSF. We shall conclude that the trial court correctly granted Fidelity’s motion for summary judgment because Fidelity did not owe a duty of care to TSF.

FACTUTAL AND PROCEDURAL BACKGROUND

1. Trimark’s Purchase of the TSF Parcel On June 21, 2004, pursuant to a…