California Court of Appeal

In an action to quiet title to the parties' respective water rights involving a three-mile long ditch built in the 1860's to convey water from the Kern River to the land at issue, a judgment in favor of defendant finding that he owned 52 percent of the water rights is affirmed over a claim that the trial court erred when it failed to apportion the water rights based on the amount of water actually used on each parcel in the years immediately preceding the bank's 1933 foreclosure of the parcel which was then acquired by defendant's predecessor-in-interest.

Appellate Information

• Decided 02/27/2008
• Published 02/27/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• McQuaid Bedford & Van Zandt LLP, Lyman D. Bedford, San Francisco, and Naz Roudiani, for Plaintiff, Cross-defendant and Appellant., Lynch and Lynch LLP, Craig M. Lynch, Bakersfield, for Defendant, Cross-complainant and Respondent.