Kvassay v. Chicago Title Insurance CA2/8

Filed 11/22/21 Kvassay v. Chicago Title Insurance CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

RICHARD S. KVASSAY et al., B308131

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 19STCV17120) v.

CHICAGO TITLE INSURANCE COMPANY et al.,

Defendants and Respondents.

APPEAL from orders of the Superior Court of Los Angeles County. Michael C. Small, Judge. Affirmed.

Troy Stewart for Plaintiffs and Appellants.

Fidelity National Law Group and David B. Owen for Defendant and Respondent Chicago Title Insurance Company.

Davis & Davis Law Group and Matthew S. Davis for Defendant and Respondent Escrow Trust Advisors, Inc.

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Plaintiffs and appellants Richard S. Kvassay and Peter E. Kvassay appeal from the judgment of dismissal entered in favor of defendant and respondent Chicago Title Insurance Company. Plaintiffs are brothers and two of the beneficiaries of a family trust, the primary asset of which was a parcel of real property. Plaintiffs’ brother, Robert Kvassay, is the trustee, who, according to plaintiffs, breached his duties to them in selling the real property. Plaintiffs brought this action against defendant (the title insurer for the sale) and several other entities, alleging that all defendants knowingly participated in the breach by assisting in the sale and the disbursement of the sale proceeds. Plaintiffs appealed the separate judgment of dismissal entered as to Escrow Trust Advisors, Inc., but confirmed at oral argument what Escrow Trust Advisors, Inc., stated in its respondent’s brief, that plaintiffs were no longer pursuing the appeal as to Escrow Trust Advisors, Inc., and the appeal had been dismissed. Specifically, plaintiffs contend the sale was consummated in violation of an order from the probate court requiring the posting of a bond or the placement of the sale proceeds into a blocked account for the benefit of the trust beneficiaries. Defendant successfully demurred to plaintiffs’ second amended complaint, relying in part on a request for judicial notice of a record from the court file memorializing the posting of a $3.9 million bond in connection with the disputed sale. Plaintiffs’ sole contention on appeal is that the trial court erred in taking judicial notice of the court record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Richard, Peter and Robert Kvassay are brothers and the principal beneficiaries of the Kvassay Family Trust created in 1993. We refer to the brothers by their first names for clarity in light of the common surname. We also refer to Richard and Peter jointly as plaintiffs. Plaintiffs filed this lawsuit in May 2019 against defendant and several other entities. Robert was not a party below and is not a