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Vane v. First American Title Co.

February 25, 2009

LIANE G. VANE AND MICHAEL A. VANE, PLAINTIFFS,
v.
FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION; BRIAN P. HARMON; TARYN B. HARMON; AND FOOTHILL LAND CO., INC., DOING BUSINESS AS CENTURY 21 SIERRA REALTORS, A CALIFORNIA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Further Scheduling 8:15 Ctrm. 3 Conference Date: 05/01/2009 AND RELATED CROSS-ACTIONS.

I. Date of Scheduling Conference. February 25, 2009.

The Defendant, Michael A. Fischer, has been served, has been granted an extension through April 6, 2009, to file a response, and the case has been tendered to Mr. Fischer's insurance carrier.

III. Summary of Pleadings.

1. The Vanes filed a complaint against First American Title Company, Brian P. Harmon, Taryn B. Harmon, and Foothill Land Co., Inc. The Vanes allege that they were promised a driveway and access to their property. The Vanes allege that the Harmons have interfered with their right of access. The Vanes also allege that First American Title Company and Foothill Land Co. mishandled a written easement agreement relating to the right of access.

2. The Defendants answered the complaint. Foothill contends that it timely conveyed the express easement to First American Title to be recorded, and that Fischer breached his duty to Harmons to disclose the easement's existence.

3. The Harmons contend that no easement by implication exists in favor of the Vanes. They further contend that they did not interfere with the landlord-tenant relationship between the Vanes and their tenants. First American contends that Foothill Land Co. mishandled the express easement in July 2005, and that First American was not negligent in recording the express easement in August 2005.

4. The Harmons filed a counterclaim against the Vanes. The Harmons allege that the Vanes do not have an easement, and have trespassed on the Harmons' property.

5. The Vanes have answered the counterclaim.

6. The Harmons filed an impleader complaint against Michael A. Fischer. The Harmons allege that Mr. Fischer failed to disclose the right of access claimed by the Vanes before he (Mr. Fischer) sold the Harmon property to the Harmons.

7. Mr. Fisher has not responded to the Harmons' impleader complaint, and has been granted an extension of time to file his response.

8. Foothill Land Co. filed a cross-claim against the Harmons and First American Title Company. Foothill Land Co. seeks contribution and/or equitable indemnification from the Harmons and First American Title Company.

9. The Harmons and First American Title Company have answered the Foothill Land Co. cross-claim.

10. Foothill Land Co. filed an impleader complaint against Michael A. Fisher. Foothill Land Co. seeks contribution and/or equitable indemnification from Mr. Fisher.

11. Mr. Fisher has not responded to Foothill Land Co.'s impleader complaint, and has been granted an extension of time to file his response.

12. The Harmons and First American Title Company filed a counterclaim against Foothill Land Co. The Harmons and First American Title Company seek contribution and/or equitable indemnification from Foothill Land Co.

13. Foothill Land Co. has answered the Harmon and First American Title Company cross-claim.

IV. Orders Re Amendments To Pleadings.

1. The parties do not anticipate amending the ...


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