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NORONHA v. STEWART

Docket No. B020539.

199 Cal.App.3d 485 (1988)

245 Cal. Rptr. 94

REGINALD NORONHA et al., Plaintiffs, Cross-defendants and Respondents, v. RICHARD STEWART et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, Second District, Division Four.

March 10, 1988.

Attorney(s) appearing for the Case

COUNSEL

Frye & Spencer and Richard C. Spencer for Defendants and Appellants.

Brown, Baron & Gailen and Scott Gailen for Plaintiffs and Respondents.

OPINION

ROTHMAN, J.*

Defendants appeal a judgment pertaining to an encroaching wall that defendants built on plaintiffs' property. We reverse in part.

In 1978, defendants Richard and Mattie Stewart purchased a house in a newly constructed residential subdivision in San Pedro, the Terragona Homes. Defendants' lot, lot No. 11, was adjacent to and down a slight slope from lot No. 12 which would eventually...

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