The 5242 Adams Land Trust v. Wilson Family Trust
Published: Mar. 22, 2008 | Result Date: Dec. 4, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC342411 Verdict – $41,400
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert G. Klein
(Law Office of Robert G Klein)
Defendant
Facts
Plaintiff, The 5242 Adams Land Trust, owned two pieces of property, one located on Adams Boulevard and the other located on Cloverdale in Los Angeles. The Wilson Family Trust owned property that was adjacent to the plaintiff's properties. Defendant Alpha Schools Incorporation possessed the Wilson property. Defendant T.R.F. Headstart pre-school leased that property.
Defendants Ruth Graham and Dorothy Price owned property next to plaintiff's Cloverdale property. When the plaintiff bought both properties, a fence ran from the north end of the property from Cloverdale Avenue to the end of the lot. Defendants, including Richard Wilson, Gilda Wilson, Alpha Schools, and T.R.F. Headstart, removed a part of the fence on plaintiff's property so that defendants could cross plaintiff's property and parked their cars on the Wilson property. As for Graham and Price, both drove their cars over plaintiff's property to reach their property.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged trespass, nuisance, and unfair competition, seeking to quiet title, declaratory relief, and injunctive relief.
DEFENDANTS' CONTENTIONS:
The defendants argued that the easement by grant and prescription existed. The defendants cross-complained, seeking damages for trespass, nuisance, destruction of personal property, interference with the right to quiet enjoyment, and interference with a contractual relationship, since plaintiff blocked the defendants' purported easement.
Result
Judge Rolf Treu held that any express easement was abandoned, and that the defendants had failed to establish a prescriptive easement. The judge found that the plaintiff had quiet title to his property. A jury awarded $41,400 for past economic loss against the defendants. The jury also found that the defendants did not act with malice, oppression or fraud.
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