LINTHICUM v. BUTTERFIELD

No. B199645.

175 Cal.App.4th 259 (2009)

MICHAEL RAY LINTHICUM et al., Plaintiffs, Cross-defendants and Appellants, v. JOHN LOCKE BUTTERFIELD et al., Defendants, Cross-complainants and Respondents.

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

June 24, 2009.


Attorney(s) appearing for the Case

Grokenberger & Smith, David M. Grokenberger; and Diane M. Matsinger for Plaintiffs, Cross-defendants and Appellants.

Robert Bjorklund and Roxanne Bjorklund, in pro. per.; Hollister & Brace, John S. Poucher and Marcus S. Bird for Defendants, Cross-complainants and Respondents.


OPINION

GILBERT, P.J.

When does a trial court properly exercise its discretion to create an equitable easement? This case provides a good example.

Plaintiffs bought a parcel of land on which defendant owners of neighboring parcels used a roadway, the only access to their land. Plaintiffs sought an injunction to prevent defendants from using the roadway. Defendants cross-complained to quiet title to an easement for the roadway...

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