California Court of Appeal

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Connolly v. Trabue, A131984

In an action involving a claim for prescriptive title to an easement and counterclaims for trespass, emotional distress, and other alleged torts: 1) the trial court's ruling that the plaintiffs' claim was barred by the doctrine of laches is reversed, as a) laches is not applicable to a prescriptive easement claim, b) laches does not apply to an action at law, c) there was no evidence as to when the plaintiffs could have first brought their claim, and d) the defendants suffered no prejudice; and 2) the trial court's rulings against the defendants on their counterclaims are affirmed.

Appellate Information

  • Decided 04/10/2012
  • Published 04/10/2012

Judges

  • Haerle

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Donald J. McMullen