Escrow Institute of Cal. v. Pierno

5 Citing cases

  1. People v. Devaughn

    227 Cal.App.4th 1092 (Cal. Ct. App. 2014)   Cited 75 times

    However, as the People correctly point out, Michael does not contest his guilt of violating Financial Code section 17200 when Realty Service Escrow acted as escrow agent in the purchase of the Alhambra Lane, Perris property, which concluded on June 7, 2006. Turning to extrinsic considerations, Michael finds support for his position in Escrow Institute of California v. Pierno (1972) 24 Cal.App.3d 361, 366, 368, 100 Cal.Rptr. 880. Therein, independent escrow agents contended, inter alia, that Financial Code section 17200's requirement that they must be a corporation was unfair or unreasonable. (Pierno at p. 365, 100 Cal.Rptr. 880.) The appellate court responded, “[C]onsideration is to be given to the fact that an independent escrow agent may be handling numerous escrows involving substantial sums of money and in various stages of progress.

  2. Royal Thrift & Loan Co. v. County Escrow, Inc.

    123 Cal.App.4th 24 (Cal. Ct. App. 2004)   Cited 66 times
    In Royal Thrift, the court analyzed whether an automatic stay was in effect during an appeal from a foreclosure action or whether an appeals bond was necessary to effectuate the stay pursuant to section 917.4, an analogous statute applicable in the context of real property.

    1951, ch. 364, § 17205, p. 1109) as part of a comprehensive statutory scheme known as the "Escrow Law" (Fin. Code, § 17000 et seq.), but no court has interpreted the limitations provision of section 17205. As the court explained in Escrow Institute of Cal. v. Pierno (1972) 24 Cal.App.3d 361, 366 [ 100 Cal.Rptr. 880], the Escrow Law is intended to "protect the public from unfair, fraudulent and incompetent service in the handling of escrows." Generally, statutes of limitation are triggered on the date of injury, and the plaintiff's ignorance of the injury does not toll the statute.

  3. Post v. Prati

    90 Cal.App.3d 626 (Cal. Ct. App. 1979)   Cited 38 times
    In Post, plaintiffs challenged the constitutionality of California Public Resources Code section 6922 (now Cal. Pub. Resources Code, § 6912).

    There have been a number of appellate decisions upholding the constitutionality of statutes by judgment on pleadings, without trial. (See e.g., Escrow Institute of Cal. v. Pierno (1972) 24 Cal.App.3d 361 [ 100 Cal.Rptr. 880]: Reed v. City County of San Francisco (1965) 237 Cal.App.2d 23 [ 46 Cal.Rptr. 543].) We review briefly the principles applicable to such a contention.

  4. People v. Devaughn

    No. E052088 (Cal. Ct. App. Jul. 9, 2014)

    However, as the People correctly point out, Michael does not contest his guilt of violating Financial Code section 17200 when Realty Service Escrow acted as escrow agent in the purchase of the Alhambra Lane, Perris property, which concluded on June 7, 2006. Turning to extrinsic considerations, Michael finds support for his position in Escrow Institute of California v. Pierno (1972) 24 Cal.App.3d 361, 366, 368. Therein, independent escrow agents contended, inter alia, that Financial Code section 17200's requirement that they must be a corporation was unfair or unreasonable. (Pierno at p. 365.)

  5. Klyse v. Redwood Trust Deed Servs., Inc.

    No. A130594 (Cal. Ct. App. May. 21, 2012)

    And Redwood does not argue that Klyse and Davis would have suffered the same harm whether or not Redwood complied with the escrow laws—public protection laws that are there to prevent the exact harm that Klyse suffered here. (See Escrow Institute of Cal. v. Pierno (1972) 24 Cal.App.3d 356, 366 ["the purpose of protecting the public from unfair, fraudulent and incompetent service in the handling of escrows."].) DISPOSITION