Kraemer

BACKGROUND

Holly owned real property located on Prince Rainier Way in Nevada City, Nevada County, referred to as Lot 19. The DeMartini family properties, also on Prince Rainier Way, did not adjoin Lot 19 but the family used a roadway crossing Lot 19 to access Newton Road to and from their properties. The location of the roadway on Lot 19 changed over the years. Holly filed a complaint for declaratory relief, quiet title and injunctive relief against members of the DeMartini family. Holly sought a declaration that the family had no interest in Lot 19 adverse to Holly’s interest. Among other things, Holly sought to permanently enjoin Michael and Renate from using any part of Lot 19 except for purposes of a revocable license. Holly settled her dispute with some DeMartini family members prior to the trial. Following a court trial, the trial court entered judgment quieting title and issued permanent injunctions against Michael, Renate, James, and Ruth. The judgment said Michael, Renate, James, and Ruth had an irrevocable license in the nature of a

2 nonexclusive easement for ingress and egress on the southerly boundary of Lot 19. Paragraph 8 of the judgment prevented Michael and…