Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co. (2002)

SUMMIT FINANCIAL HOLDINGS, LTD., Plaintiff and Respondent, v. CONTINENTAL LAWYERS TITLE COMPANY, Defendant and Appellant.

[Modification fn. * of opinion (27 Cal.4th 705).]

THE COURT.-

The opinion herein, filed on March 7, 2002, appearing at 27 Cal. 4th 705, is modified as follows:

The fifth sentence of the third full paragraph on page 715 is modified to read as follows:

"Second, although the certainty of injury element is satisfied because the evidence supports the conclusion that Summit did not receive the funds paid to Talbert, the foreseeability of harm element does not support a duty because there is no suggestion CLTC could have foreseen that Talbert would not disburse the funds to Summit."

This modification does not affect the judgment.

FN *. This modification reqires the movement of text affecting pages 715-716 of the bound volume report.