Facts

The Esslinger Intervivos Trust dated Oct. 11, 1984, of which Paul R. Esslinger was the trustee, owned land on Pacific Coast Highway in South Laguna Beach. The Esslinger Trust leased the land to Ruby's Diner, and Ruby's Diner operated a restaurant on the land. Laguna Terrace Park - owned by Paul's son, Stephen W. Esslinger - owned the parcel adjacent to Ruby's Diner, on which land Laguna Terrace Park operated a mobile home complex. Laguna Terrace Park's Land was burdened with an easement recorded in 1966 for ingress, egress, road and parking purposes for the benefit of The Esslinger Trust's property.

In 2005, Laguna Terrace Park filed suit against Paul as trustee to extinguish the easement. Although Laguna Terrace Park did not initially name Ruby's as a defendant in the action, the Court sustained The Esslinger Trust's defense of falure to name an indispensible party, and ordered Laguna Terrace Park to join Ruby's as a defendant.

PLAINTIFF'S CONTENTIONS:
Laguna Terrace Park sought to extinguish the 1966 easement on the grounds of a purported "unity" or "merger" of title or interest, or, alternatively, pursuant to a claimed "overburdening." Laguna Terrace Park also argued that Paul's and Ruby's invitees were using the easement in a manner that created a dangerous condition. Laguna Terrace Park further requested that if the easement was not extinguished, it should be "reconfigured" by the Court.

Result

The court granted judgment in favor of Paul and Ruby's against Laguna Terrace Park, and awarded Paul and Ruby's their costs against Laguna Terrace Park.