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ZANELLI v. McGRATH

No. A117111.

166 Cal.App.4th 615 (2008)

GAETANO ZANELLI, Plaintiff, Cross-defendant, and Appellant, v. THOMAS McGRATH, Defendant, Cross-complainant, and Respondent.

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

September 2, 2008.

Attorney(s) appearing for the Case

Zacks Utrecht & Leadbetter, Andrew M. Zacks and James B. Kraus for Plaintiff, Cross-defendant and Appellant.

Wiegel & Fried, Andrew J. Wiegel and John P. Baba for Defendant, Cross-complainant and Respondent.

OPINION

MARCHIANO, P. J.

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon Avenue, appeals from a judgment quieting title to an adjacent property owned by Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a court trial, the court found that Zanelli has no enforceable view easement burdening McGrath's property, either because the easement was extinguished...

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