Richmond Ramblers Motorcycle Club v. Western Title Guaranty Co.

Good Law
121 Cal. Rptr. 308·1975 Cal. App. LEXIS 1064·47 Cal. App. 3d 747
Court of Appeal of CaliforniaApril 30, 1975Civ. 32697California2,912 words

Opinion

Opinion

Elkington, J.

In the action below, plaintiff the Richmond Ramblers Motorcycle Club (hereafter sometimes the “Club”) sought a judicial declaration (with incidental relief), (1) that it had “acquired a prescriptive easement” (italics ours) in, and (2) that there had been an “implied dedication to public use” (italics ours) of, some 77 acres of unimproved inland real property (hereafter the “land”) in the City of Richmond. The land, valued at approximately $800,000, was owned in varying amounts by the defendant Western Title Guaranty Company and the interveners the Atchison, Topeka and Santa Fe Railway Company and Santa Fe Land Improvement Company (hereafter collectively, and for convenience, “defendants”).

Judgment on the two issues posed by the complaint was entered in favor of the defendants. The Club has appealed from .that portion of the judgment.

On its appeal, the Club contends that, as a matter of law, the evidence and the trial court’s findings of fact mandated judgment in its favor on each of the issues.

We point out such of the trial court’s, findings of fact as are found relevant to the question immediately before us.

We find the foregoing portions of the trial court’s…

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