Tentative Ruling: PERRY LAZAR, ET AL. VS FIRST AMERICAN TITLE INSURANCE COMPANY, ET AL.

• 
• 

						
                                
Preview
                                7114/2621                                                 www.lacourt.org/tentativeRulingNet/ui/ResultPopup.aspx
       DEPARTMENT J LAW AND MOTION                              RULINGS

       The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website
       periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel
       may submit on the tentative rulings by calling the clerk in Department J at (909) 802-1105 prior to 8:30 a.m.
       the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at
       the hearing should the opposing party appear and convince the court of further modification during oral
       argument. The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative
       to the hearing in question which are not authorized by statute or Rule of Court. No such filing will be
       considered by the Court in the absence of permission first obtained following ex-parte application therefor.
                                                                            a
                                                                                                                             ‘ounty of Los Angelfornia
                                                                                                                                                 es
       Case Number:         20PSCV00596            Hearing Date: July 15, 2021               Dept: J
                                                                                                                              JUL 15 2024
       HEARING DATE:                          Thursday, July 15, 2021
                                                                                                                  Sherri R Cagter,
                                                                                                                         Log
       NOTICE:                                                                                                                           ‘ecutive Officer/Clerk
                                                                                                                   By.                                  Deputy
                                                                                                                                     G. Berni
       RE:                                     Lazar v. First American Title Insurance Company, et al. (20PSCV00596)


       Defendants First American Title Insurance Company’s and First American Title
       Company’s DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT

                 Responding Party: Plaintiff, Perry Lazar, Plone Trust

                                                                    Tentative Ruling

       Defendants First American Title Insurance Company’s and First American Title
       Company’s Demurrer to Plaintiff’s Second Amended Complaint is OVERRULED in part (i.e., as to the
       first and second causes of action) and otherwise SUSTAINED. The court will hear from counsel for
       Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require
       an offer of proof if so.

       Background

       Plaintiff Perry Lazar, Plone Trust (“Plaintiff”) alleges as follows: On or about March 8, 2004, Plaintiff
       purchased a property located in Los Angeles County, California (“2004 Transaction”). At the time of the
       purchase, “Title Co.” issued a policy of title insurance to Plaintiff. “Title Co.” proceeded to create the deed to
       transfer title and issue an insurance title policy. The policy did not reveal any encumbrances, exceptions or
       issues with the title of the property. In or           about October 7, 2019, Plaintiff received an all-cash offer on the
       property subject to the issuance of a title            policy for the property (“2019 Transaction”). Plaintiff sought to
       obtain title insurance from Old Republic               Title Company (“Old Republic’) but Old Republic “refused to insure
       the property due to numerous title issues              originated by ‘Title Co.’ and referred [Plaintiff] to . . . ‘Title Co. to
       issue coverage on the sale since they had originally issued a policy without exceptions.” Plaintiff reached out
       to “Title Co.” to seek a policy for the 2019 Transaction that was the same type of coverage previously
       provided in the 2004 Transaction. “Title Co.” issued a preliminary report with a “series of exceptions” that did
       not exist in the 2004 Transaction. The prospective buyer cancelled the transaction.

       On September 18, 2020, Plaintiff filed an “Amendment to Complaint,” wherein “First American Title
       Company” was substituted in lieu of Doe 1.
Fi
       On April 12, 2021, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against
       First American Title Insurance Company, First American Title, First American Title Company and Does 1-
       100 for:
     www.lacourt.org/tentativeRulingNet/ui/ResultPopup.aspx                                                                                                       116