Seraji

FACTS

Evidence at Trial 2085 Temple Hills Drive (the Demirjian Property) and 2095 Temple Hills Drive (the Seraji Property) are next to each other in Laguna Beach, California. Demirjian purchased the Demirjian Property in May 2004. The encroachment at issue consists of a two-and-one-half foot high wall and a portion of a concrete patio. Demirjian describes the wall as a “stub wall to sit on.” The wall is 60 to 70 feet long. The encroachment is a wedge-shaped section of the Seraji Property (almost a right triangle, except with a curved hypotenuse) that is 15.1 feet wide 2 at its widest point and 3.7 feet at the ends of the wedge. According to the operative complaint, the total encroached upon area is 405 square feet. Demirjian claimed he constructed the rear patio and stub wall for safety reasons, such as a “cliff” just beyond the wall and wildlife in the undeveloped area bordering the Demirjian Property. Demirjian did not research his property line when constructing these improvements, but “basically squared off [his] backyard from the neighbor’s back wall to the side of [his] house.” Demirjian did not attempt to notify the owner of the Seraji Property. “I thought it was the…