SOIFER v. CHICAGO TITLE COMPANY

















Filed 8/13/10











CERTIFIED FOR
PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION THREE




>

BEN SOIFER, Plaintiff and Appellant, v. CHICAGO TITLE COMPANY et al., Defendants and Respondents.

B217956 (Los Angeles County Super. Ct. No. BC405970) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the
opinion filed herein on August 10, 2010 is modified
as follows:

On page 7, please delete
the entire paragraph beginning: Prior
to the enactment of Insurance Code sections 12340.10 and 12340.11, and replace
with the following:

Prior
to the enactment of Insurance Code sections 12340.10 and 12340.11, caselaw had
held that a preliminary title report is the equivalent of an abstract of title,
and that a title insurer could be liable in negligence for its failure to list
all recorded encumbrances in a preliminary title report. (Southland,
supra, 231 Cal.App.3d at p. 535.)
However, in 1981, the Legislature enacted Insurance Code
sections 12340.10 and 12340.11 in order to â€