AuCopious, LLC v. SPG14, LLC

I. Background and Allegations

26 This case involves a dispute between private landowners over real property located in Kern 27 County, California. Plaintiffs own approximately 110 patented and unpatented mining claims in the 28 area and Defendants own and/or control land over which Plaintiffs must cross to access those claims. (TAC at 4 ¶¶ 2-4, 13-14.) Specifically, Studhorse Canyon Road, Zenda Road, and the Cowboy Roads—all of which traverse Defendants’ land—allow for ingress and egress to Plaintiffs’ mining claims. (See id. at 4-5 ¶¶ 14-17.) However, public access to the roads—and thus, Plaintiffs’ access to their mining claims—has been impermissibly blocked by locked gates on Defendants’ property. (Id. at 4-5 ¶¶ 14-17, 22.) Plaintiffs assert causes of action for declaratory relief and public nuisance. (Id. at 9- 10, Prayer for Relief ¶¶ 1, 3.) With respect to the declaratory relief claim, Plaintiffs seek a declaration that the subject roads are public roads pursuant to R.S. 2477 and that Defendants “may not block, impede, or in any way restrict” Plaintiffs’ access to their mining claims or the general public’s access to the roads. (Id. at 9-10,…