Logourl black
From our private database of 14,100+ case briefs...

Lick Mill Creek Apartments v. Chicago Title Insurance Co.

Court of Appeal of California, Sixth District
283 Cal. Rptr. 231 (1991)


Facts

Lick Mill Creek Apartments (plaintiff) (Lick Mill) purchased land in October 1986. The property had previously been used for commercial manufacturing purposes, and the soil, subsoil, and groundwater were contaminated with hazardous substances. Lick Mill purchased title insurance on the property from Chicago Title Insurance (defendant), which conducted a survey of the land and noted the presence of pipes, tanks, and pumps. Chicago Title issued a policy covering loss or damage resulting from, among other things, unmarketability of title and encumbrance on the land. Because state and federal law made subsequent purchasers responsible for the cleanup of hazardous material, Lick Mill expended monies to remove and clean up the land it purchased. Lick Mill sought reimbursement of their cleanup costs from Chicago Title. Chicago Title denied their claim, and Lick Mill sued. The trial court granted a demurrer on the complaint, and Lick Mill appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Agliano, P.J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.