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Real Property
Prescriptive Easement
Quiet Title

Arthur Bussi v. Chia-Chi Cheng; City of Los Altos, et al.

Published: May 3, 1997 | Result Date: Nov. 12, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 733259 –  $0

Judge

John A. Flaherty

Court

Santa Clara Superior


Attorneys

Plaintiff

Andrea L. Ambrosio


Defendant

Robert K. Booth Jr.

Irwin Katzman


Facts

Defendants Chia-Chi Cheng and Fan-Ling Lin owned a building which housed a restaurant which they operated in downtown Los Altos. There was strip of land four feet by 100 feet entirely on their property between the defendants' building and the adjoining property owned by the plaintiff. The strip of land was used by the public as a pedestrian walkway. There was conflicting testimony as to the times and scope of use. The city of Los Altos was brought into the case by the plaintiff, and was essentially treated as a plaintiff during trial. The plaintiff brought this action against the defendants based on prescriptive easement theories of recovery.

Settlement Discussions

The plaintiff demanded that the defendants agree to the easement and the defendants offered to grant a license to the plaintiff.

Other Information

The verdict was reached approximately four years after the case was filed. An arbitration was held on Aug. 22, 1994 before Vernon Gommerman. A settlement conference was held on Nov. 1, 1996 before a judge pro tem. It did not resolve the matter.

Deliberation

2 hours

Poll

9-3

Length

4 days


#95177

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