Gombos

Appellants own property in the Santa Cruz Mountains on Summit Road. They privately own the portion of the road that crosses their property. Appellants sued to prevent respondents from using that portion of the road to conduct logging operations. Respondents filed suit the same day to prevent appellants from impeding their use of the disputed portion of the road. The two actions were consolidated.

The trial court found that the portion of the road in issue has been impliedly dedicated to the public as a result of public recreational use of the road in the 1950’s and 1960’s. The court enjoined appellants from interfering with respondents’ use of the road, and denied appellants’ cross-request for injunctive relief.

Appellants contend the court erred in permitting respondents to introduce evidence of public use of the roadway, because respondents had previously responded to a request for admission by admitting they had no such evidence, which was true at the time. We hold that respondents had no duty to update their response to the request for admission when they subsequently discovered such evidence.

Appellants further contend that the evidence does not support a finding…