Gaffney

Gaffney v. Drolet CA1/1

Good Law
Court of Appeal of CaliforniaNovember 1, 2022A163419California5,475 words

Opinion

Opinion

Banke, J.

Filed 11/1/22 Gaffney v. Drolet CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or o r- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

KATHLEEN G. GAFFNEY,

Plaintiff and Appellant, A163419

v. (Solano County JEAN DROLET, Super. Ct. No.

FCS052125)

Defendant and Respondent.

This is a case between two neighbors, one of whom sought to establish an implied easement for a sewer line running under the other’s property.1 The owner of the allegedly servient property, defendant Jean Drolet, was not aware of the sewer line when he purchased his property. He became aware of it several months later when sewage started oozing to the surface of his property. There is no dispute the antiquated line…

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