Bates v. Chicago Title Co.
Cross-complainant Robert F. Bates, trustee of the Robert F. Bates Family Trust dated 11-29-90 (Bates) appeals a judgment after the trial court granted the motion for summary judgment filed by cross-defendant Chicago Title Company (CT) in his negligence cross-action against it. Bates alleges CT was negligent in preparing a deed of trust to replace one he had previously reconveyed. On appeal, Bates contends the trial court erred by concluding CT did not owe him a legal duty of due care in preparing the replacement trust deed. Because we conclude there are triable issues of material fact regarding whether CT undertook to, and did, prepare the trust deed and the nature and extent of any concomitant undertaking, we conclude the trial court erred by granting CT's motion for summary judgment.
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