California Court of Appeal

Judgment for defendants is affirmed, where plaintiff is equitably estopped to deny or question defendant-Shadow's authority to grant an easement over defendant-Samwood's property, and thus plaintiff's claim of prescriptive easement fails since use of the roads was expressly authorized by a prior permissive easement. Post-judgment order denying defendant-Shadow attorney fees is reversed, where it is entitled to a contractual attorney fee award.

Appellate Information

• Decided 01/30/2013
• Published 01/30/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel