Commonwealth Mortgage Assurance Co. v. Superior Court

Opinion

LILLIE, P. J.

By way of petition for writ of mandate, petitioner Commonwealth Mortgage Assurance Company (CMAC) challenges rulings of the superior court granting the motion of real parties Ronald and Elizabeth Sampson (Sampsons) for summary adjudication of issues, and barring CMAC’s cause of action against Sampsons for breach of contract, and from recovering punitive damages on its first cause of action for fraud.

The primary issue herein, and one which appears to be of first impression, is whether the indemnity agreements which form the basis of CMAC’s third cause of action for breach…