DEFENDANT'S MOTION TO COMPEL COMPLIANCE WTH SUBPOENA IS GRANTED, IN PART.

Background

Plaintiffs Cesar Romero (“Cesar”) and Tatana Romero (“Tatana”) sued Defendants First American Title Insurance Company (hereinafter “FATIC”), First American Title Company, and Prominent Escrow Services, Inc. for compensatory and injunctive relief, based on allegations that Plaintiffs’ non-party neighbor’s home improvements encroached onto Plaintiffs’ property. Plaintiffs also claim that FATIC, which provided Plaintiffs’ title insurance, acted in bad faith by improperly favoring Plaintiffs’ neighbors, “Shih/Ko,” in the dispute over the alleged encroachment and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their property caused by the encroachment. In the operative Second Amended Complaint (“SAC”), Plaintiffs assert causes of action for:

Breach of Contract by Escrow Agents and Fiduciaries for Failure to Comply with Instructions;

Negligence by Escrow Agents and