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MAIN STREET PLAZA v. CARTWRIGHT & MAIN, LLC

No. G043569.

194 Cal.App.4th 1044 (2011)

THE MAIN STREET PLAZA et al., Plaintiffs, Cross-defendants and Appellants, v. CARTWRIGHT & MAIN, LLC, et al., Defendants, Cross-complainants and Respondents; KLEIN INVESTMENTS FAMILY LIMITED PARTNERSHIP, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

April 27, 2011.

Attorney(s) appearing for the Case

Cadden & Fuller, Thomas H. Cadden , Ignacio J. Lazo and Michael P. Campbell for Plaintiffs, Cross-defendants and Appellants.

Rutan & Tucker, Clifford E. Frieden and Damon D. Mircheff for Defendant, Cross-complainant and Respondent Cartwright & Main, LLC.

Freeman, Freeman & Smiley, Gregory M. Bordo and Jared A. Barry for Defendant, Cross-complainant and Respondent Cartwright Real Estate Holdings, LLC and for Defendant and Respondent.

OPINION

FYBEL, J.—

INTRODUCTION

Plaintiffs, owners of a retail center and food court, sought a judicial declaration that they had acquired a prescriptive easement for parking and access by their tenants' customers, employees, suppliers, and other invitees, over an alleyway behind the owners' property. The alleyway is located on plaintiffs' property and two adjoining properties...

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