Berstein

Filed 12/15/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

SCOT BERNSTEIN, C098443

Plaintiff, Cross-defendant and (Super. Ct. No. PC20180264) Respondent,

v.

TIM SEBRING,

Defendant, Cross-complainant and Appellant.

APPEAL from a judgment of the Superior Court of El Dorado County, Michael J. McLaughlin, Judge. Affirmed.

Thomas & Associates and Michael W. Thomas for Defendant, Cross-complainant and Appellant.

Quinn Covarrubias and George E. Murphy for Plaintiff, Cross-defendant and Respondent.

1 This case proves easements, unlike fences, do not make good neighbors. This appeal is from the second suit between plaintiff Scot Bernstein and defendant Tim Sebring involving a road easement with a gravel road on plaintiff’s property that defendant uses as a driveway to access his property. The parties settled the first case, which involved defendant clearing trees and performing other construction on the easement without plaintiff’s permission. Plaintiff subsequently filed this suit seeking to prohibit defendant from paving the easement’s gravel…