Kendall
Kendall v. Walker
Opinion
Opinion
Kline, J.
—Pauli C. Walker and Margery F. Walker (collectively defendants) appeal after the trial court granted Alvin H. Luckenbach and Maria E. Luckenbach’s (collectively plaintiffs) motion for summary judgment. On appeal, defendants challenge the trial court’s (1) denial of their motions for leave to amend and supplement their answer and cross-complaint, and (2) grant of plaintiffs’ motions for summary adjudication of issues and summary judgment. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs own a residential subdivision lot (lot 102) in the town of Bethel Island, California. Defendants own the residential subdivision parcel (comprised of lot 103 and a small portion of lot 104), adjacent to plaintiffs’ lot. Both lots have frontage on Taylor Slough, a navigable waterway. This matter involves the question of the proper boundary line between the parties’ areas of littoral rights for use of the water adjacent to their upland property.
On September 29, 1998, plaintiffs filed a complaint for damages for trespass to real property and for a temporary restraining order, preliminary injunction, and permanent injunction. The complaint alleged that a houseboat…