Rhodes

Rhodes v. City of Glendora CA2/2

Good Law
Court of Appeal of CaliforniaAugust 6, 2014B251642California2,882 words

Opinion

Opinion

facts. Pursuant to that stipulation, the parties “respectfully request[ed] that the court adjudicate whether plaintiff is entitled to perfect a claim for adverse possession of the Strip as a matter of law. If the court adjudicates that plaintiff is entitled to perfect an adverse possession claim to the Strip as a matter of law, the parties will either present evidence and testimony as to whether plaintiff has met the elements required to perfect a claim for adverse possession, or stipulate to further facts addressing those elements for further court adjudication. [¶] If the court determines that plaintiff is not entitled to perfect an adverse possession claim to the Strip as a matter of law, judgment in favor of defendant and against plaintiff shall be entered accordingly, and there shall be no further necessity for additional evidence and testimony to be received.” The parties submitted trial briefs in support of their respective positions. Thereafter, the trial court called the matter for trial in July 2013 and made the following findings: “[Civil Code] Section 1007 applies to this case. There can be no adverse possession of property dedicated to or owned by the state or any…

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