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EASEMENT ACCESS DISPUTE BETWEEN NEIGHBORS-Paso Rbles (March, 2010) |
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# CV 070501, Santa Margarita Ranch et. al. v. Nicholas Young, et. al. , filed 6/6/07
Plaintiff/Cross-Defendant’s Attorneys: Charles V. Daugherty & Patricia Scoles
Defendant/Cross-Complainant’s Attorney: Roy E. Ogden
Verdict: Trespass Actions Denied, Easement Locations Unchanged, Jury Trial, Dept. 2
Plaintiffs brought suit on claims of Quiet Title, Breach of Easement, Trespass and Injunction against neighbors who cross-complained on similar theories of recovery. Easements over Plaintiffs’ property initially granted in 1969 to Defendant’s predecessor-in-interest and Plaintiff sought to relocate based on change of use starting in the late 1990’s. Each side claimed trespass by the other seeking damages for same. Jury denied both claims of trespass, refused to allow for relocation of easement for ingress/egress and denied Defendant’s claim of interference with easement. Defendants/cross-complainants received $5,000.00 damages for Plaintiff’s breach of good faith and fair dealing.
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