Qualls

Qualls v. Lake Berryessa Enterprises, Inc.

Good Law
1999 Cal. App. LEXIS 1089·76 Cal. App. 4th 1277·91 Cal. Rptr. 2d 143·99 Daily Journal DAR 12603·99 Cal. Daily Op. Serv. 9821
Court of Appeal of CaliforniaDecember 15, 1999A082385, A083003California2,954 words

Opinion

Opinion

Haerle, J.

I. Introduction

These consolidated appeals before us arise from a dispute over the placement of a new mobilehome at the Putah Creek Resort on Lake Berryessa. The Quallses, who owned a mobilehome placed on lot No. 149, contend that the Parks, who own the mobilehome on lot No. 148, placed their new mobilehome over the lot line dividing the two mobilehome spaces. Eventually, the Quallses brought suit against the Parks and Lake Berryessa Enterprises, Inc., and Putah Creek Resort (hereafter collectively Putah Creek). The defendants cross-complained. After an extensive trial, the trial court awarded the Quallses $5,000 for breach of contract by Putah Creek. Using an equitable cost-benefit analysis, the trial court declared a lot line that permitted the Parks’ mobilehome to remain where it had been placed. The trial court also ruled that the Quallses and the Parks failed to prove their tort claims against each other. The trial court granted attorney’s fees to the Quallses against Putah Creek and denied the Parks’ request for attorney’s fees from the Quallses.

Each party appeals a portion of the trial court’s judgment. Putah Creek contends that the trial court erred in…

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