Fullerton

Filed 6/18/15 Fullerton v. King 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RICHARD FULLERTON,

Plaintiff and Respondent,

A142457

v. HOWARD E. KING, (Marin County Super. Ct. No. CIV1205037) Defendant and Appellant.

Defendant Howard E. King appeals a judgment, entered upon the granting of plaintiff Richard Fullerton’s motion for summary adjudication, that permanently enjoins King from motorizing an existing gate across a private road on which Fullerton holds an easement. He contends the court interpreted too restrictively the terms of the easement governing Fullerton’s right to use the private road for ingress and egress. We agree and shall therefore reverse the judgment and remand for further proceedings to determine whether the…