Yee

FACTS

A. Background: In 1979, Don Jose Restaurants, Inc. and Fountain Plaza Investments, the owners of neighboring commercial properties, entered into an easement agreement (Easement Agreement). The parties agreed that certain portions of their respective properties would be set aside for parking and that they would exchange reciprocal easements for that purpose. An exhibit was attached to the Easement Agreement, showing the designated parking areas. It also showed the locations of existing buildings on the Fountain Plaza Investments property and the site of a planned restaurant to be built by Don Jose Restaurants, Inc. on its property. The parties expressed an intention that the Easement Agreement bind their successors and assigns. The property owned by Don Jose Restaurants, Inc. was later acquired by Kue Sung Lin and certain others (the Lins) and the property owned by Fountain Plaza Investments was acquired by Yee. The Lins sued Yee over the Easement Agreement (Lin v. Yee (Super. Ct. Orange County, 2003, No. 02CC03382)) (the Lin Action). In June 2003, the Lins and Yee entered into a stipulated judgment (the 2003 Stipulated Judgment). They agreed that the Easement Agreement…