Facts

Plaintiff Justin Camoens and defendant Razieh Duchin shared a common driveway for their Redwood City, California residences. Duchin had parked on the driveway's shoulder since 1994, but when an argument erupted between Duchin and Camoens in 2005, Camoens filed suit seeking to enjoin Duchin from parking on the driveway shoulder.

PLAINTIFF'S CONTENTIONS:
Camoens contended that the express easement to Duchin was solely for driveway purposes which did not include parking.

DEFENDANT'S CONTENTIONS:
Duchin countered Camoens never objected to his prior continued use of the driveway nor to parking on the driveway's shoulder. Duchin argued that there was an express easement which permitted parking as demonstrated by the prior uncontested use.

Settlement Discussions

Camoens made an offer of settlement requesting that Duchin refrain from parking on the driveway which was countered by Duchin's offer to forgo parking within the first 30 feet of the driveway.

Damages

Camoens sought an injunction against Duchin to prohibit parking on the driveway's shoulder as well as damages for the interference with his use of the driveway.

Result

The court found in favor of Duchin as it found that parking was a permitted use along the length of the driveway. Duchin was awarded costs in the amount of $3,870.