Dale Sundby v. Fidelity National Title Insurance Company

Background 25 On November 1, 2022, Plaintiffs Dale Sundby and Edith Littlefield Sundby, 26 appearing pro se as individuals, and in their capacity as trustees of Declaration of Trust, 27 Trust No. 1989-1 Dated: January 26, 1989 (“Trust”), filed a complaint against Defendant Fidelity National Title Company in the Central District of California alleging wrongful foreclosure. (Dkt. No. 1, Compl.) The facts giving rise to the complaint concern allegedly altered mortgage loan documents on the Sundbys’ residence in La Jolla, California. (Id. ¶¶ 12–49.) Defendant Fidelity National Title Company is alleged to have issued title insurance on behalf of the lenders for the loan policy. (Id. ¶ 41.) Previously, in 2019, Dale Sundby, appearing pro se as Trustee on behalf of the Trust, initiated litigation against the lenders concerning the altered loan documents. (Id. ¶¶ 50–55; see also Case No. 19-cv-390.) The Sundbys allege that Fidelity, as the policy insurer, had effective control over that litigation, including selecting and directing counsel and the defendants to defend against the claims. (Id. ¶¶ 58–69.) The Sundbys further allege that…