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Real Property
Neighbor Dispute
Easement

Semerean v. Miller

Published: Feb. 21, 1998 | Result Date: Feb. 4, 1998 | Filing Date: Jan. 1, 1900 |

Case number: SC033179 Verdict –  $0

Judge

James A. Kaddo

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

David L. Allen


Defendant

Paul Shoop


Facts

Plaintiff Semerean and cross-complainant Miller were neighbors. Plaintiff claimed he had an easement over part of cross-complainant's property. Cross-complainant attempted to erect signs and generally prevent plaintiff from using his property. On Jan. 4, 1994, a physical altercation occurred and both parties claimed assault and battery. The plaintiff brought this action against the defendant seeking injunctive relief regarding the alleged easement and for assault and battery. Cross-complainant alleged assault and battery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendant made no offer.

Damages

The plaintiff and defendant claimed unspecified monetary damages. Plaintiff claimed a prescriptive easement over cross-complainant's property.

Other Information

The easement case was tried to the court which granted plaintiff various easements. The assault and battery action was tried before a jury.


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