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WORTHINGTON v. ALCALA

Docket No. B056918.

10 Cal.App.4th 1404 (1992)

13 Cal. Rptr.2d 374

CLAYTON E. WORTHINGTON et al., Plaintiffs and Respondents, v. VICTOR M. ALCALA et al., Defendants and Appellants.

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

November 9, 1992.

Attorney(s) appearing for the Case

COUNSEL

Polston, Schwartz, Hamilton & Fenster and Stephen M. Fenster for Defendants and Appellants.

Nicholas P. Roxborough and Esteban G. Gallegos for Plaintiffs and Respondents.

OPINION

WOODS (A.M.), P.J.

The issue presented in this appeal is the proper interpretation of the phrase "dismissal of the action" as that term is used in Civil Code section 887.070.1 The section provides in relevant part: "In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the...

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