D'ANDREA

D'ANDREA v. Pringle

Good Law
1966 Cal. App. LEXIS 1723·243 Cal. App. 2d 689·52 Cal. Rptr. 606
Court of Appeal of CaliforniaJuly 28, 1966Civ. 22718California3,631 words

Opinion

Opinion

Molinari, J.

In this action brought by plaintiffs, Ben and Tresa D’Andrea and Philip and Florence Hughes, against Joseph Welch and R. Douglas Pringle, the owner and lessee, respectively, of certain lots which adjoin plaintiffs’ property on the rear, to obtain the removal of that portion of a building constructed by Pringle on Welch’s property which allegedly encroached upon plaintiffs.’ property, plaintiffs and Pringle have filed cross-appeals from the judgment of the trial court adjudging that Pringle’s building encroached upon plaintiffs’ property, refusing to grant an injunction compelling defendants to remove the encroachment, and granting-defendants an easement across plaintiffs ’ property for the life of the building subject to the payment by Pringle of $750 to D’Andrea and $750 to Hughes.

Plaintiffs contend that the trial court’s findings are not supported by the evidence and that the court, having determined that Pringle’s building encroached upon plaintiffs’ property, should have granted a mandatory injunction requiring defendants to remove the encroaching portion of the building. Pringle’s appeal is directed solely to the amount of damages which the trial court awarded to…

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