Smith v. Guillosson CA2/2

BACKGROUND

I. The Underlying Litigation and Judgment

Smith and the Guillossons owned adjacent residential properties in the Hollywood Hills, which we refer to respectively as the Smith property and the Guillosson property. A dispute arose regarding the use of two easements—one benefitting the Smith property (the patio easement) and another benefitting the Guillosson property (the walkway easement). Smith sued the Guillossons, and the Guillossons filed a cross-action against Smith. The case proceeded to a bench trial, where Smith prevailed on each of his claims and the cross-claims against him. In October 2021, the trial court entered judgment in Smith’s favor. The judgment awarded Smith a total of $126,500 in compensatory damages, comprised of: (1) $15,000 for the diminution in value to the Smith property and the related loss of use and enjoyment of the patio easement; (2) $8,000 for obtaining and recording an updated property survey and staking the boundaries of the patio easement; (3) $1,500 for the cost of

2 rebricking the patio area; (4) $1,000 for Smith’s pain and suffering; (5) $100,000 for the expense of removing the Guillossons’ encroachments from the Smith property,…