Miser
Miser v. Stureman CA3
Opinion
Opinion
BACKGROUND
Because this is an appeal from a judgment following a bench trial, our recitation of the facts construes the evidence in the light most favorable to the judgment. (See Cuiellette v. City of Los Angeles (2011) 194 Cal.App.4th 757, 765 [“ ‘In general, in reviewing a judgment based upon a statement of decision following a bench trial, “any conflict in the evidence or reasonable inferences to be drawn from the facts will be resolved in support of the determination of the trial court decision” ’ ”].) 1. The Properties at Issue Defendants own an approximately 10-acre parcel of property located near the intersection of Highway 299 and Cassel Road in a rural part of Shasta County (defendants’ property). To the west of defendants’ property is the Oak Knoll Subdivision, which consists of seven large lots. Lot 1 of the Oak Knoll Subdivision is owned by plaintiffs Richard and Joann Miser (as trustees of the Richard and Joanne Living Trust), and the eastern boundary of the Miser property abuts the top half of the western boundary of defendants’ property. About half a mile north of defendants’ property is the Taylor Private Road Subdivision (Taylor Subdivision), which consists of 17…