Dubin

Introduction

Plaintiff and appellant Gary Dubin, doing business as Alert Auto, appeals from a judgment entered upon the trial court’s sustaining a demurrer without leave to amend to plaintiff’s complaint arising out of an alleged interference with an easement; plaintiff also appeals from a postjudgment order awarding attorney fees in favor of defendants. Defendants and respondents are Chesebrough Brothers, LLC, as ultimate successor in interest to the Robert Newhall Chesebrough Trust, H.L. “Larry” Plumer (Plumer), Wespac Management Group, Inc. (Wespac), Robert Newhall Chesebrough, Jr., and Gerald Cohl. Plaintiff is the lessee of real property owned and managed by defendants, and by this action is suing defendants for wrongful interference with an alleged easement in favor of plaintiff to use a portion of the property adjoining the leased premises (also owned and managed by defendants) as an access road to his vehicle repair shop.

As we will discuss, we conclude that the trial court erred in sustaining the demurrer because plaintiff adequately pleaded facts supportive of the theory that he is entitled to claim an easement appurtenant by implication, although the facts…