Nassir

FACTS AND PROCEEDINGS BELOW

Plaintiff and defendants own adjoining properties in the Mount Olympus neighborhood in the Hollywood Hills in Los Angeles. Plaintiff ’s “Hercules” property, which he has owned since 2000, is located downhill from the defendants’ “Achilles” property,1 which they purchased in April 2014. A concrete deck originates in the backyard of the Achilles property and extends about 14 feet over the property line and into the back of the Hercules property. The deck is approximately 10 feet tall, made of solid concrete, and a metal fence surrounds the base of the structure. Plaintiff discovered that the deck encroached on his property as a result of a topographic survey performed on or around September 6, 2012. Plaintiff initiated the survey as a result of separate, unrelated litigation against a previous owner of the Achilles property. Defendants purchased the Achilles property in April 2014 for $5 million. Feng testified that the scenic view from the

1The properties are so named because they are located on Hercules Drive and Achilles Drive, respectively.

2 encroaching deck was a principal reason for buying the house. At the time of purchase, the seller provided…