Lesa S. Stock, Trustee of the Lesa Stock Trust, under declaration of Trust dated March 14, 2008, v. Geyer Properties, LLC, and Does 1 through 100, inclusive
Published: Apr. 5, 2014 | Result Date: Nov. 1, 2013 | Filing Date: Jan. 1, 1900 |Case number: CISCV174689 Bench Decision – Defense
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
Anna K. DiBenedetto
(Law Office of Anna DiBenedetto)
Facts
Lesa Stock, Trustee of the Lesa Stock Trust, filed a lawsuit against Geyer Properties LLC in connection with property located in Santa Cruz and an easement. Stock asked the trial court to quiet title to the properly and to invalidate the easement.
Contentions
PLAINTIFF'S CONTENTIONS:
Stock claimed that she bought the property in 2012 for investment purposes and learned of an easement owned by defendant Geyer Properties dating back to 1985 next to the back of her land. She argued that defendant had abandoned the easement by failing to use it as a driveway. She further asserted that defendant neglected the easement, given that it was covered with vegetation.
DEFENDANT'S CONTENTIONS:
Defendant argued that it was still the rightful owner of the easement, which it had not abandoned. Further, defendant claimed that it clearly and frequently stated that it wanted to utilize the driveway.
Result
The trial court ruled against Stock, determining that Geyer had not abandoned the easement.
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