Charles W. Gillingham, John Getty, Faith M. Luiting, Wess Lamonica, Denise Lamonica, Leslie R. Jundy, Diane S. Jundy, Debra L. Helton, James R. Helton v. Rancho Agua Dulce LLC
Published: Nov. 1, 2008 | Result Date: Apr. 15, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC335672 Bench Decision – Equitable Award
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
Plaintiffs Charles Gillingham, John Getty, Faith Luiting, Wess Lamonica, Denise Lamonica, Leslie Jundy, Diane Jundy, Debra Helton, and James Helton sued defendant Rancho Agua Dulce LLC to quiet title to a prescriptive or equitable easement after defendant blocked plaintiffs' access over a dirt road that plaintiffs and their predecessors used for access between their homes and Soledad Canyon Road for several decades. "Briggs Road" ran across a parcel of vacant land owned by defendants.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended defendant erected a gate and other impediments blocking plaintiffs' only reasonable means of access to their homes and violating plaintiffs' implied and prescriptive easement.
DEFENDANT'S CONTENTIONS:
The defendant contended plaintiffs trespassed and damaged defendant's real property, entitling it to trespass damages. Defendant also cross-complained for nuisance.
CROSS-DEFENDANT'S
Result
After viewing the subject properties, and traveling plaintiffs' limited and burdensome temporary access route, Judge Teresa Sanchez-Gordon granted plaintiffs an equitable easement across defendant's property in a bench trial. The court considered the evidence, including what she experienced at the property inspection, and weighed the burdens. She further found that the road had been used since the 1930s.
Other Information
John F. Grosskopf, Patrick H. Clemons, Robert B. Lima, Leon W. Lefort, were in pro per. FILING DATE: June 24, 2005.
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