California Court of Appeal

In a lawsuit initiated after defendant refunded a $1 million deposit to a real estate investor out of an escrow account that plaintiff had opened, claiming it was entitled to the deposit and asserting claims for breach of contract, breach of fiduciary duty, fraud and negligence, the trial court's judgment in favor of defendant is affirmed where: 1) defendant failed to prove its entitlement to damages; 2) the actual depositor did not lose title to his funds; 3) plaintiff was not entitled to liquid damages; 4) the escrow account did not give plaintiff control over actual depositor's money; 4) the single party instructions did not apply to actual depositor's money; and 5) there was no error in the trial court's finding of ne negligence or breach of fiduciary duty.

Appellate Information

• Decided 08/26/2015
• Published 08/26/2015

Judges

• Dondero

Court

• California Court of Appeal

Counsel