Northwestern Engineering v. Shemaria CA2/4

INTRODUCTION

Appellant Northwestern Engineering Company and respondent Joseph Shemaria own adjoining real properties abutting the Venice Boardwalk. Northwestern’s property is leased to several restaurants and Shemaria’s property is leased to residents. At issue is a three-foot-wide “breezeway” situated between the two properties. A survey conducted in 2017 concluded the breezeway was part of Shemaria’s property. However, Northwestern’s tenants had been using it for storage since at least 1999. In June 2010, Northwestern constructed a “fixture” on the breezeway, consisting of shelving and poured concrete. In 2017, as a way of increasing the value of his rental property, Shemaria decided to offer his tenants use of the breezeway as a direct path to the Boardwalk; he requested Northwestern remove its personal property from the breezeway. Northwestern did not fully comply with the request and, when the parties could not agree upon terms permitting Northwestern to continue using the breezeway, Northwestern sued for a prescriptive easement. Shemaria cross-complained, alleging trespass. In August 2019, while the complaints were pending, the City of Los Angeles ordered Shemaria to remove…