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VAN KLOMPENBURG v. BERGHOLD

No. C045417.

23 Cal.Rptr.3d 799 (2005)

126 Cal.App.4th 345

Sarah VAN KLOMPENBURG et al., Plaintiffs and Respondents, v. Joseph BERGHOLD et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Review Denied May 11, 2005.

Attorney(s) appearing for the Case

Hakeem, Ellis & Marengo and Stephen B. Ardis, Stockton, for Defendants and Appellants.

Michael F. Babitzke, Stockton, for Plaintiffs and Respondents.

MORRISON, J.

Defendants Joseph Berghold and Kay Berghold appeal from a judgment enjoining them from maintaining gates across a private roadway easement owned by plaintiffs Jon Van Klompenburg, Sarah Van Klompenburg, Barbara Due, Joseph Due and Julie Due. Defendants contend the trial court erred in failing to consider whether the gates unreasonably interfered with plaintiffs' use of the easement. We disagree and shall affirm the judgment.

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