Mikkelsen

Mikkelsen v. Hansen

Good Law
242 Cal. Rptr. 3d 304·31 Cal. App. 5th 170
Court of Appeal of CaliforniaJanuary 10, 2019F072990; F073783California3,413 words

Opinion

Lead Opinion

Detjen, J.

*174 BACKGROUND

This is a consolidated appeal from a judgment and postjudgment order of the Kern County Superior Court.

Two cul-de-sacs in two separate Bakersfield subdivisions-Amberton and Stockdale Estates-are connected by a pedestrian path. The path's southern Amberton segment lies on a tract that was recorded in 1977 and previously owned and developed by Tenneco Realty Development Corporation (Tenneco). The path's northern Stockdale Estates segment lies on a tract that was recorded in 1981 and also previously owned and developed by Tenneco. In 1978, Tenneco expressly offered to dedicate the Amberton segment for public use. This offer was formally accepted by the City of Bakersfield. By contrast, there was neither an express offer to dedicate the *307 Stockdale Estates segment nor a formal acceptance thereof.

Currently, the property on which the path's Stockdale Estates segment lies is owned by defendants/appellants Dan D. Hansen and Michael Hansen. 1 In June 2013, defendants erected a wall across the Stockdale Estates segment, obstructing access between the subdivisions. Plaintiffs/respondents, a group of current and former Amberton residents, 2 asked the superior court to…

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