Walton

Filed 2/25/15 Walton v. Frost CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

MICHAEL JOHN WALTON,

Plaintiff and Appellant,

A136510

v. JACK FROST, (Lake County Super. Ct. No. CV407601) Defendant and Respondent.

Plaintiff Michael John Walton appeals from an order denying his motion to vacate a judgment of nonsuit. Because we conclude the trial court did not abuse its discretion in denying the motion, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Walton sued defendant Jack Frost in propria persona (pro. per.) for fraud and trespass based on allegations that Frost deposited substantial quantities of dirt onto Walton’s property in Clearlake. As set forth in the operative complaint, Walton alleged that Frost had asked for his permission…