California Court of Appeal

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Linthicum v. Butterfield, B199645

In a property dispute, trial court's order quieted title to an easement in favor of defendants is affirmed in part and reversed in part where: 1) there is sufficient evidence to support the finding of an equitable easement; 2) trial court did not err in failing to award damages as plaintiff did not give credible evidence as to the amount of damages; 3) judgment in favor of the co-defendant Bjorklund on Linthicum's second cause of action was in error as Bjorklund clearly disclaimed any easement for utilities across Linthicum's property; and 4) the court did not abuse its discretion in determining that the final judgment to co-defendant Bjorklund was not more favorable to plaintiff than the Code of Civil Procedure section 988 offer. Case is remanded to trial court to specify the width of the roadway easement.

Appellate Information

  • Decided 04/02/2009
  • Published 04/02/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Grokenberger & Smith, David M. Grokenberger, Santa Barbara;  Diane M. Matsinger, for Plaintiffs, Cross-defendants and Appellants Michael Ray Linthicum and Myla Ruth Reizen., Hollister & Brace, John S. Poucher, Marcus S. Bird, Santa Barbara, for Defendants, Cross-complainants and Respondents John Locke Butterfield, Elizabeth A. Butterfield, Joseph J. Sayovitz, Jr., Michael K. Kitahara, Susan A. Kitahara, Robert M. Lynch and Karin M. Lynch., Robert Bjorklund and Roxanne Bjorklund, in pro. per., for Defendants, Cross-complainants and Respondents.
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