Land Value Holdings v. City of Duarte CA2/7

INTRODUCTION

Land Value Holdings, LLC (LVH) seeks access to a vacant parcel of land it owns in the City of Duarte (the City), by imposing an easement on two lots owned by the City and California-American Water Company (Cal-Am). This easement would allow LVH to use a utility access road controlled by the City and Cal-Am to reach LVH’s parcel of land from the public road. LVH appeals from (1) the entry of judgment on January 4, 2022 in favor of Cal-Am and the Los Angeles County Flood Control District (LACFCD) in case No. B319118; and (2) the entry of judgment on April 15, 2022 in favor of the City in case No. B321553. We address both appeals in this decision. In its appellate briefs, LVH argues the trial court erroneously granted summary judgment against it on its complaint seeking an easement by necessity, by implication, and an equitable easement, and for declaratory relief. LVH also contends the court erred by sustaining certain evidentiary objections, and separately by denying its motions for leave to file a second amended complaint. At oral argument, represented by newly retained appellate counsel and as more fully explained in the discussion section, LVH abandoned its causes…