Worthington

The issue presented in this appeal is the proper interpretation of the phrase “dismissal of the action” as that term is used in Civil Code section 887.070. The section provides in relevant part: “In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded.”

Appellants Victor M. Alcala et al., contend that the phrase “dismissal of the action,” means the entire action. Respondents Clayton Worthington et al., contend that it refers to a cause of action authorized by Civil Code section 887.040, not the entire case.

We conclude, after review of the matter, that the Legislature intended the provisions of section 887.070 to result in preservation of an easement which would otherwise be extinguished by virtue of abandonment as defined in section 887.050. Where, as in this case, dismissal of a cause of action brought pursuant to…