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BERRY v. SBRAGIA

Docket No. 40293.

76 Cal.App.3d 876 (1978)

143 Cal. Rptr. 318

PHILLIP S. BERRY et al., Plaintiffs and Appellants, v. JOHN PAUL SBRAGIA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

January 18, 1978.

Attorney(s) appearing for the Case

COUNSEL

Phillip S. Berry, in pro. per., Berry & Berry and Peter R. Gilbert for Plaintiffs and Appellants.

Stark, Stewart, Simon & Sparrowe and Ned Robinson for Defendants and Respondents.

OPINION

TAYLOR, P.J.

This is an appeal by Phillip and Gail Berry1 (Berrys), from a judgment denying relief on their complaint and quieting title on the cross-complaint of John Paul and Geraldine Sbragia (Sbragias), their neighbors, to a fence, on the theory of a prescriptive easement. We have concluded that the judgment must be reversed.

The basic facts are not in dispute. The Berrys and Sbragias...

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