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California Court of Appeal


Kinney v. Overton, G037146

In dispute over the fencing in of a portion of a subdivision lot, grant of Code of Civil Procedure section 631.8 motion for judgment in favor of cross-defendant is affirmed as plaintiff has not demonstrated that he had any interest in the Lot G Property as necessary to maintain any of his causes of action against defendant, and that, in any event, his predecessors in title had failed to preserve any interest they may have had by recording a notice of claim of easement pursuant to former Civil Code section 812 after the county abandoned the lot.

Appellate Information

  • Decided 07/18/2007
  • Published 07/18/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Charles G. Kinney, in pro. per., for Cross-complainant and Appellant.

  • For Appellees:
  • Marcus, Watanabe, Snyder & Dave, Patricia M. Snyder and Daniel J. Enowitz, Los Angeles, for Cross-defendant and Respondent.
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