California Court of Appeal

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DUBIN v. ROBERT NEWHALL CHESEBROUGH TRUST, B146020

Demurrer set aside because plaintiff adequately pleaded facts supportive of the theory that he is entitled to claim an easement appurtenant by implication, although the facts pleaded do foreclose reliance on the theories that he has an easement by necessity or a prescriptive easement.

Appellate Information

  • Decided 02/26/2002
  • Published 02/26/2002

Judges

  • CHARLES S. VOGEL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Offices of L. Rob Werner, L. Rob Werner, Canyon Country, and Patrick Mortimer, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Haight, Brown & Bonesteel, Rita Gunasekaran, Phyllis Alden Truby, and William E. Ireland, Santa Monica, for Defendants and Respondents.
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