Sharp

BACKGROUND

Sharp is the owner of a property on 14th Street in San Francisco. Appellant A Star owns an adjacent property (A Star’s Property). The two properties are separated by an alley, which is the subject of an easement at issue in the present case. In 2007, Sharp entered into an agreement with a prior owner of A Star’s Property, whereby Sharp provided an easement to the alley (Easement Agreement or Agreement). As a condition of access, a provision of the

1 Agreement entitled “Trash and Trash Removal” requires that the alley be kept “reasonably clean and sanitary.” That same provision also provides a limited procedure for the owner of A Star’s Property to use the alley for construction materials. That portion of the provision reads: “No more than two (2) times during each calendar year, [the owner of A Star’s Property] may use the Easement Area to store construction debris and possessions of tenants during periods of construction or vacancy of apartments (‘Debris’). Such Debris shall be stored in a sanitary and clean manner, . . . in a way that does not obstruct Pedestrian Access through the Easement Area and that reasonably minimizes interference with the use of the alley by…