Beab, Inc. v. First Western Bank & Trust Co.

This is an appeal by the defendant, 1 United California Bank (formerly First Western Bank and Trust Company, and hereafter referred to as “First Western”), from a judgment in favor of the plaintiff, Beab, Inc., the purchaser of the dominant tenement, decreeing that the plaintiff was entitled to a nonexclusive perpetual easement appurtenant and right-of-way for pedestrian and vehicular traffic over LaPlaya Avenue (previously known as Avenue “A”) in the Palma Ceia Village in Hayward, and enjoining any interference by First Western with this easement, as well as three other easements described in the deed to the plaintiff from the defendants, A. L. Branden and Veryl M. Branden (hereafter referred to as “the Brandens”), who also subsequently conveyed the servient tenement to First Western.

The only contentions on appeal are that the trial court committed certain errors prejudicial to the defendants by: (1) permitting the amendment to the complaint and finding that specific performance of the 1958 agreement between the plaintiff and the Brandens was an issue properly before the court; (2) finding that it was the intention of both plaintiff and the Brandens to include an unrestricted…