Mikels

Mikels v. Rager

Good Law
1991 Cal. App. LEXIS 813·232 Cal. App. 3d 334·284 Cal. Rptr. 87·91 Daily Journal DAR 8661·91 Cal. Daily Op. Serv. 5594
Court of Appeal of CaliforniaJuly 16, 1991E007828California6,750 words

Opinion

Opinion

Timlin, J.

I

Introduction

This case involves a purported roadway easement (easement) which the King family alleges exists in favor of the Kng family over land owned by the Mikels family in the City of Rancho Cucamonga. The Mikelses bought the land in question (Parcel No. 1) from Richwood Development Inc., which had apparently acquired it from the Desimones, who had purchased it from the Kings. John Rager (Rager), a Kng family member, allegedly acted as the Desimones’ agent in connection with the sale to the Mikelses. According to the Mikelses, Rager never told them that the Kings claimed that the property was subject to such an easement in favor of the Kings, a claim based in part on an unrecorded agreement between the Kings and the Desimones. Therefore, when, after the sale of the property by the Desimones to the Mikelses, Rager allegedly cut the chain on their gate which crossed the claimed easement area and the King family began to use that area to cross their property, Jon and Marjorie Mikels (the Mikelses) sued John Rager, Jennifer King Rager, Jeffrey King, Pamela King, and Gertrude King Hartmann individually, and Gertrude King Hartmann, Jennifer Rager and Stanley Mussell,…

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