Windsor Pacific LLC v. Samwood Co.

*266 Opinion

Windsor Pacific LLC (Windsor) seeks to establish a prescriptive easement over two access roads on undeveloped land in northern Los Angeles County owned by Samwood Co., Inc. (Samwood), and Shadow Pines, LLC (Shadow). Windsor used the roads for several years with Shadow’s permission and pursuant to a written easement agreement with Shadow. The trial court, after a nonjury trial, granted judgment in favor of both Shadow and Samwood, holding that Windsor’s use of the roads did not create a prescriptive easement over either the Samwood property or the Shadow property because Windsor’s use of those roads was expressly authorized by a prior permissive easement granted to Windsor. In a postjudgment order, the trial court denied Shadow’s motion for an award of attorney fees pursuant to a contractual attorney fee provision included in the written agreement that had led to the creation of the aforesaid permissive easement. Windsor appealed from the judgment only with respect to the denial of a prescriptive easement over the Samwood property. Shadow has appealed from the order denying the requested attorney fee award.

Windsor contends that the permissive easement granted by its…