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News & Press: CLTA News

CLTA Files Briefs with U.S. Supreme Court and California Supreme Court

Tuesday, January 21, 2020  
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The U.S. Supreme Court is being asked in the case of Deo v. California to decide whether a court, in a criminal proceeding, can declare a deed void ab initio after a summary hearing. The CLTA filed a motion with the U.S. Supreme Court for leave to file an amicus brief in support of the Petition for Writ of Certiorari. While the policy of criminalizing fraud makes sense, the CLTA believes that a truncated summary procedure in a criminal case is far inferior to a quiet title action where competing claims can be fully adjudicated.

In a separate case, the CLTA has filed a brief with the California Supreme Court in support of Fidelity National Title Company. In the case of Villanueva v. Fidelity the California Supreme Court is considering the issues of the exclusive jurisdiction of the Insurance Commissioner and the treatment of miscellaneous charges by the Department of Insurance. CLTA’s brief seeks to assist the Court by presenting its members’ real-world experience with California’s regulatory framework and operations of the Commissioner and the Department, as well as with prior and pending litigation on an “unfiled” rate legal theory.

California Land Title Association


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