Nature of Proceedings: Demurrer to First Amend X-Comp.

Demurrer to First Amended Cross-Complaint

Ruling

The Court sustains defendant County of Santa Barbara’s demurrer to the first amended cross-complaint of cross-complainants Ramin Soofer and Denise Susan Soofer, as trustees of the Soofer Family Trust dated June 23, 2004, without leave to amend.

Background

This action involves a dispute over two driveway easements. Joanne and Ali Habibi claim title by prescription and adverse possession to portions of those easements. Plaintiffs Joanne and Ali Habibi are the owners of real property located at 228 Ortega Ridge Road, Santa Barbara, California. Defendants Ramin Soofer and Denise Susan Soofer, as trustees of the Soofer Family Trust dated June 23, 2004, are owners of the adjacent property located at 226 Ortega Ridge Road. Defendants Leslie D. Schwabacher, as trustee of the Douglas Burney Trust, Evan R. David and Michael G. David (collectively, the “Burneys”) are the owners of another