Storper

Filed 5/31/13 Storper v. Dillick CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

JONATHAN S. STORPER,

Plaintiff and Respondent,

A135435

v. STEVEN DILLICK et al., (San Francisco City & County Super. Ct. No. CGC-07-468743) Defendants and Appellants.

Jonathan Storper sued his neighbors Steven and Stephanie Dillick because a tree on the Dillicks’ property encroaches on Storper’s property. A settlement was reached, and Storper voluntarily dismissed his lawsuit, with prejudice. Three years later, issues concerning the tree were still not wholly resolved. Storper wanted to enforce the settlement, but was told by a court clerk he first needed to set aside the dismissal. So Storper filed a motion to vacate, attaching his proposed motion to enforce. The…