Shoen

Filed 6/17/15 Unmodified opinion attached

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

LILLI SHOEN, B254487

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC486560) v.

ORDER MODIFYING OPINION

JULIET ZACARIAS, AND DENYING REHEARING

Defendant and Respondent. NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on May 22, 2015, be modified as follows: 1. On page 3, the second paragraph, line 15, the following sentence is inserted after the sentence ending in “yard.”: The court alternatively ruled that it would grant an equitable easement independently of these considerations based on its own, unfettered view of “whatever it deems important . . . in determining how the equities are to be balanced.”

2. On page 4, the first paragraph, line 6, the following words are inserted after the number “576.”: (Warsaw).) Unless all three prerequisites are established, a court lacks the discretion to grant an equitable easement. (Warsaw, at p. 576 [so noting];…