McBride

McBride v. Smith

Good Law
18 Cal. App. 5th 1160·227 Cal. Rptr. 3d 390
Court of Appeal of CaliforniaJanuary 4, 2018A147931California9,051 words

Opinion

lead Opinion

Ruvolo, J.

*1163 I. INTRODUCTION

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for violating McBride's rights with respect to a recorded easement over the Smiths' property. After sustaining demurrers to several versions of McBride's complaint, the last without leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we conclude that McBride stated causes of action for nuisance *394 and prescriptive easement, and the trial court committed reversible error by sustaining demurrers as to those claims. In light of this conclusion, we need not address McBride's additional challenge to an order granting the Smiths' motion for attorney fees.

II. FACTUAL AND PROCEDURAL HISTORY

A. Background 1

The underlying dispute pertains to adjoining parcels of real property in St. Helena, commonly known as 1664 and 1670 Spring Street (respectively referred to as 1664 Spring and 1670 Spring). The southern border of 1664 *1164 Spring adjoins the northern border of 1670 Spring. Another relevant property, 1660 Spring, adjoins the eastern border of 1670 and part of 1664. An alley connecting to the public street runs east below the southern border of 1660 and 1670…

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