Giordano

Giordano v. Knuthson-Loomis CA3

Good Law
Court of Appeal of CaliforniaSeptember 25, 2024C099056California4,050 words

Opinion

Opinion

Krause, J.

BACKGROUND

Loomis is the fee title owner of an approximately 5.71-acre parcel of property (assessor parcel number (APN) 066-470-011) located in the town of Magalia, in rural Butte County (the Loomis parcel). (Giordano I, supra, C094036.) The Loomis parcel is configured roughly in the shape of an “L.” (Ibid.) The vertical stem of the “L” lies to the west of “New Skyway” public road in the western portion of Lot 1, Section 31. (Ibid.) The horizontal base of the “L” is “oriented in an east-west direction and straddles a public road known as New Skyway.” (Ibid.) The portion of the Loomis parcel extending east of New Skyway is a relatively small strip of land surrounded by parcels of land owned by Giordano, including an approximately 10-acre parcel (APN 066-470-030) to the north (the Giordano parcel). (Ibid.) The parties disagree as to the location of the common boundary between the Giordano and Loomis parcels, which, according to the parties’ respective deeds, is collinear with the common boundary between Lots 1 and 2 in Section 31.

2 In 2018, Giordano filed an action for a prescriptive easement to use a narrow dirt road/trail that traverses the Loomis parcel at several locations.…

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