Judge: Martha K. Gooding, Case: 2019-01088625, Date: 2022-10-17 Tentative Ruling

Motion for Summary Judgment and/or Adjudication

Based on the papers presented to the Court, the Court is unable to formulate a tentative ruling at this juncture.  Counsel for the parties are ordered to appear at the hearing (via zoom or in person) prepared to address at least the following questions:

1.    What document constitutes the Escrow Instructions at issue? Is this disputed?

2.    Plaintiff contends the Escrow Instructions require two “verifiable” forms of identification.  Where, precisely, is this requirement stated?  Plaintiff’s Separate Statement (¶ 59) does not specify. 

3.    If the Escrow Instructions use the term “verifiable” identification, what is the meaning of a “verifiable” form of identification as used in this industry or in the Escrow Instructions?

4.    In paragraph 55 of Plaintiff’s response to Separate Statement, it cites “Exhibit 2, Escrow Instructions” – what and where is this document?  And where, precisely, do the Escrow Instructions provide that NATC was to use the services of a “signing agent” as opposed to a “notary”?

5.    What is the significance of the multiple references to “notary” on the document titled, “Lender’s Instructions to Escrow and Title Company” (which is part of Exhibit D to the Second Amended Complaint)?