What Are Easements?

Useful Rulings on Easements

Recent Rulings on Easements

ALAMEDA SQUARE OWNER LLC VS THE LOS ANGELES WHOLESALE PRODUCE MARKET, LLC

Further, the allegations in this instant case, on which Alameda sought declaratory relief, are based entirely on the court’s judgment in the Related Case: “The Judgment construed a 1983 Reciprocal Easement Agreement […] and the [1991 Agreement] to declare that Parcels B and C have the right to use the 8th Street Easement for access to the Truck and Track Street West Easements, for the uses permitted by the 1991 Easement Agreement.” (SAC ¶ 2.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

KIAN MORADZADEH VS CITY OF LOS ANGELES, A CALIFORNIA PUBLIC ENTITY, ET AL.

Exhibit 1 is a “Right of Entry” form by which Plaintiff granted the City the right “to enter upon the premises known as: 715 Bel Air Road for the purposes of repairing the damaged sanitary sewer within the City’s easement.” (FAC, Ex. 1) In addition, the attached exhibits do not comply with the formalities of a contract made with the City under the City’s Charter and under the City of Los Angeles’ Administrative Code.

  • Hearing

SUN V. WU

Code of Civil Procedure section 405.4 defines a “real property claim” as a “. . . cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.” Kirkeby v.

  • Hearing

GLEASON V. COUNTY OF ORANGE

highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways. [¶] (b) Any trail used for the above purposes. [¶] (c) Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition

  • Hearing

DAVIS VS. SADDLEBACK VALLEY COMM CHURCH

(FAC, ¶¶ 18-19; see also FAC, Exhibit 1 [demand letter discussing repairs and maintenance including removal of overgrown brush and trees; removal of natural dirt and debris that has settled in the easement; rebuilding of the natural watercourse of the creek in its natural location; removal of junk that has been dumped on the easement; resurfacing; and rebuilding of the original creek crossing].)

  • Hearing

LAGUNA GREENBELT INC VS. COUNTY OF ORANGE

[b]efreeof liens, leases, easement and restricfions inconsistent with the County's proposed uses.

  • Hearing

EDVIN MEHRABIAN VS EDUARDO JIMENEZ, ET AL.

.: 18BBCV00207 Hearing Date: November 20, 2020 Action Filed: December 10, 2018 Trial Date: Not Set Compel Further RFP MP: Defendant Eduardo Jimenez RP: Plaintiff Edvin Mehrabian Compel Further SI MP: Defendant Eduardo Jimenez RP: Plaintiff Edvin Mehrabian ALLEGATIONS: The instant action arises from a dispute involving a purported easement over a property owned by Defendants Eduardo Jimenez ("Eduardo") and Elizabeth Medrano Jimenez ("Elizabeth", and together, “Defendants”) commonly known as

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

DVORAK VS CITY OF SAN DIEGO

"A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JAMES STARTZ VS SPECIALIZED LOAN SERVICING, LLC, ET AL.

“‘Real property claim’ means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.” (Code Civ. Proc., §405.4.) Determination of a real property claim is conducted under a demurrer-like analysis. (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 648.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

THE CITY OF BANNING & HUYNH

First, the City seeks to permanently take a 2,316 square foot portion of the subject property in order to widen the street and install a new water line; second, the City seeks to temporarily acquire an 1,828 square foot construction easement for a period of nine months while the construction takes place. The subject property is an unimproved parcel currently zoned Business Park.

  • Hearing

BAILEY MIRAMAR SELF STORAGE LP VS ROSHAN

As alleged, this is a dispute over the permitted scope of use of an easement for ingress, egress and parking for adjacent commercial properties. As alleged, Cross-Defendants' actions were wrongful. As alleged, these actions violated and frustrated Cross-Complainants' right to utilization of the common easement. However, as alleged, this does not rise to the level of malice or oppression necessary for an award of punitive damages.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

SOUTHERN CALIFORNIA EDISON VS RRM PROPERTIES

The court determines that the Easement allows for Defendant's continued access crossing under the transmission lines to reach the quarry's northeast area. The court denies the motion for a determination that the Easement allows for mining under the transmission lines. The court agrees with both parties that the plain language of the Easement controls, so the court interprets the language without extrinsic evidence.

  • Hearing

COUNTY OF SANTA BARBARA V. TRUE HORIZONS, LLC, ET AL.

County already owns a right-of-way easement where the bridge crosses the creek. The bridge is deteriorating and the Project would replace the existing bridge with a new bridge. The Project would also restore a portion of the bed and banks of Romero Creek and construct a new storm drain and fish passage.

  • Hearing

LINDA SOFFER VS NATIONSTAR MORTGAGE, LLC, ET AL.

A real property claim is a cause of action that would, if meritorious, affect title to, or the right to possession of, specific real property or the use of an easement. (CCP § 405.4.) A lis pendens will be expunged without an undertaking if the court finds that the complaint does not contain a real property claim or that the claimant has not established the probable validity of the real property claim by a preponderance of the evidence. (CCP § 405.32; Weil and Brown, Cal.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

TIERNAN VS. DIABLO COMMUNITY S

That’s true, but of no consequence to the trilateral agreement among the settling parties, who have every right among themselves to either agree that the substantive requirement for the existence of the easement have been met, or agree that the easement exists anyway. Suppose, by analogy, that this were a litigation over an alleged easement by prescription or necessity, in which the historical or ground facts are murky but the landowner is willing to allow the easement.

  • Hearing

TIERNAN VS. DIABLO COMMUNITY S

The Intervenors contend the "25' Riding and Hiking Easement" referenced in Parcel Map 263-78 recorded in 1979, which Cervantes contends creates a public easement for the Cut-Through over the Bahrami Property, was not used for that purpose during the 25 years after it was recorded, and that the referenced easement by its terms does not include its use by bicyclists. (CII ¶ 33.)

  • Hearing

TIERNAN VS. DIABLO COMMUNITY S

The FACC alleges that there is a dedicated public easement 25 feet wide and approximately 150 feet in length along the southerly edge of the Bahrami Property that was dedicated for public use for riding and hiking by a parcel map recorded in September 1979. (FACC ¶¶ 5, 6, 9, 10, and Exh. A.) Cervantes seeks a judgment declaring the easement described in the FACC and the parcel map is "valid, vested and binding on all parties". (FACC Prayer ¶ 1.)

  • Hearing

PAXTON COMPANY COOPERATIVE INC. VS SEHYOUNG KIM, ET AL.

A “real property claim” is described as a cause of action that, if successful, would affect title to or the right of possession of specific real property or the use of an easement identified in a pleading. (CCP § 405.4.) The only cause of action in the second amended complaint that is a real property claim is the third cause of action for breach of written contract, which requests specific performance thereof. That is the only cause of action that could possibly affect title.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CITY OF MORRO BAY V. VISTRA ENERGY, ET AL.

The Easement Interests are described as follows: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a period of three months commencing upon written notice to the Defendants, consisting of approximately 93,21 8 square feet (2.14 acres); c. A permanent pipeline easement consisting of approximately 84,506 square feet (l.94 acres); d.

  • Hearing

MACHADO VS. MYERS

(b) The parties will mutually release one another from all further claims regarding any of the currently existing conditions on the property. 9(b)(i), This includes defendant's claim for an equitable easement. 9(c), Machados, plaintiffs, shall withdraw the current Code Enforcement Compliant with the City of Encinitas regarding the AC unit. And 9(c)(i).

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

MACHADO VS. MYERS

(b) The parties will mutually release one another from all further claims regarding any of the currently existing conditions on the property. 9(b)(i), This includes defendant's claim for an equitable easement. 9(c), Machados, plaintiffs, shall withdraw the current Code Enforcement Compliant with the City of Encinitas regarding the AC unit. And 9(c)(i).

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

SWENSON VS CLOSE

As alleged, this is a dispute over the permitted scope of use of a driveway easement. Facts evidencing the malice or oppression necessary for an award of punitive damages are not alleged.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

MATAMOROS VS ARELLANO, ET AL.

Defendants disagree that the Jollys’ permission to grant easement rights is unnecessary. They attach the actual Jolly easement which repeatedly authorizes only a single underground waterline. They also note that if the Jollys do not consent to the solution of adding a second underground pipe line, whether within the existing easement or parallel to it, the defendants could find themselves defending a lawsuit brought by the Jollys about the scope of the easement.

  • Hearing

SABINE DE WEIJER VS. BROOKSIDE VILLAGE HOMEOWNERS ASSOC.

Also, other areas of the CC&Rs require the individual owners to maintain exclusive easement areas, repair damage to party walls, as well as to exterior surface areas of their units. CC&Rs, 9.1.1-9.1.3; 2.3.3; 11.2. In addition, the HOA is limited to when it can even enter into individual unit owners’ own units. CC&Rs Sections 5.1.19-5.1.20; 11.3). Thus, all these facts must be reconciled in determining Defendant’s duty of care.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LIBERTY SURPLUS INSURANCE CORPORATION VS LTD CONSTRUCTION

An “insured contract” is a contract for a lease of premises, a sidetrack agreement, any easement or license agreement, an obligation to indemnify a municipality, an elevator maintenance agreement, or a part of any other contract or agreement pertaining to the business under which it assumes the tort liability of another party to pay for “bodily injury” or “property damage” to a third party. (UMF 25, 54, 83, 133.)

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

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