Steven F. Greenwald, Rochelle D. Alpert v. Steven A. Minisini, Jennifer T. Chow, Abhijit Y. Talwalkar, Abhijit Y. Talwalkar as Trustee of the Talwalkar Living Trust U/A DTD, and Does 1 through 60, inclusive
Published: Mar. 26, 2016 | Result Date: Dec. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-539156 Demurrer – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
G. Scott Emblidge
(Moscone Emblidge & Otis LLP)
Kris A. Cox
(Moscone Emblidge & Otis LLP)
Defendant
Christopher R. Mezzetti
(Ropers Majeski Kohn & Bentley)
John G. Dooling
(Ropers Majeski Kohn & Bentley)
Facts
Steven Greenwald and Rochelle Alpert sued Steven Minisini, Jennifer Chow, Abhijit Talwalkar, and Abhijit Talwalkar as Trustee of the Talwalkar Living Trust U/A DTD, involving a neighbor dispute.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs resided at 56 Presidio Ave. Defendants Minsini and Chow owned 68 Presidio Ave. and later sold it to Talwalkar, who then transferred title to the Trust. The properties were adjacent to one another. Defendants allegedly encroached on or trespassed plaintiffs' property by excavating a large portion of the property, painting a stairway wall, installing stonework and other related worn on the landing, replacing a gate attached to plaintiff's residence, and constructing a scaffolding and attaching its netting to plaintiffs' property. As such, plaintiffs filed this lawsuit seeking to quiet title and a declaratory relief action.
DEFENDANTS' CONTENTIONS:
Defendants demurred, claiming that plaintiffs failed to allege facts sufficient to seek the remedies sought. Defendants Minsini and Chow claimed no ownership over the disputed property, and so they claimed they were improperly joined.
Result
The trial court sustained the demurrer.
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