Facts

On July 20, 2012, plaintiff Connie M. Rini filed a suit against Jonathon Bauer and Laura Norwine, regarding plaintiff's driveway.

Cross-complainants sought a judicial declaration that an easement over plaintiff's property existed and for permanent injunction against plaintiff from blocking and obstructing the easement.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed defendants had continuously trespassed onto her property by opening the gate to her private driveway and entering her property to access their home. Plaintiff filed a complaint for trespass, nuisance, injunctive relief, declaratory relief, and damages due to stress, mental anguish and physical welfare.

CROSS-DEFENDANT'S CONTENTIONS:
Cross-defendant claimed that no easement existed and that she had consented to the use of her driveway.

DEFENDANT'S

Settlement Discussions

Defendants/cross-complainants made a non-monetary offer of settlement per CCP 998. The offer was, essentially, for plaintiff to give the defendants/cross-complainants an express grant of easement for ingress and egress over her property in return for a waiver of all costs. The offer was rejected. No counter-offer by plaintiff.

Result

The court found that defendants/cross-complainants established and are the owners of a perpetual, non-exclusive appurtenant prescriptive easement for ingress and egress over the real property owned by plaintiff. The court allowed for defendants/cross-complainants to continue using, uninterruptedly and without obstruction, the asphalt driveway on plaintiff's property. Title to the prescriptive easement area was quieted in favor of defendants/cross-complainants and their successors and assigns against plaintiff. Plaintiff and all persons acting in concert or participating with plaintiff were permanently enjoined from interfering with defendants/cross-complainants' property rights, and from obstructing, or building upon the easement. Plaintiff was also prohibited from closing the existing chain link gates.

Other Information

Plaintiff claimed trespass to chattel. The claim was abandoned at the end of plaintiff's case in chief and the court before judgment entered a dismissal of that cause of action. Cost bill of $11,222 filed after entry of judgment, which included post CCP 998 expert's fees incurred. The cost bill was reduced based on an agreement of the parties and has been paid. Post trial, plaintiff executed a covenant to be recorded prohibiting the placement of certain signs on plaintiff's property. FILING DATE: July 20, 2012.