Cathay Bank v. Fidelity National Title Insurance

Opinion

FUKUTO, J.

Plaintiff Cathay Bank (bank) appeals from a judgment after court trial, in favor of defendant Fidelity National Title Insurance Company (Fidelity), in an action for damages allegedly caused by Fidelity’s recording a release of a deed of trust. We agree with the trial court that Fidelity’s act was not the legal cause of the bank’s losing its security, and we therefore affirm.

Facts

The evidence at trial was generally stipulated to and undisputed. In 1990 the bank extended a $100,000 line of credit to one Tong. The note was secured by a recorded deed of trust on two parcels in…