BAUGH v. GARL

No. B176714.

40 Cal.Rptr.3d 539 (2006)

137 Cal.App.4th 737

Jason BAUGH et al., Plaintiffs and Respondents, v. Keith GARL, Defendant and Appellant.

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

March 13, 2006.


Attorney(s) appearing for the Case

McCarthy & Kroes, R. Chris Kroes, Santa Barbara, Thomas M. Fitch and Scott London, for Defendant and Appellant.

Price, Postel & Parma, Todd A. Amspoker, Craig A. Parton and Timothy E. Metzinger, Santa Barbara, for Plaintiffs and Respondents.


GILBERT, P.J.

Parties litigate their dispute over water rights despite a settlement agreement signed years earlier. The trial court resolves the dispute by enjoining the defendant from tapping into plaintiffs' pipeline that carries water to plaintiffs' property. Because the action is one in equity, defendant is not entitled to a jury trial. Plaintiffs are entitled to attorney fees because they sought to enforce the settlement agreement which contains an attorney fees...

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