Tesoro Refining & Marketing Co. v. Rickley CA2/2

BACKGROUND

The properties Thrifty owns a gas station at the corner of Pacific Coast Highway (PCH) and Topanga Canyon Boulevard (the gas station property). Tesoro leased the gas station property from Thrifty during the time period relevant to this action.

1 Tesoro, Thrifty, and Fiedler are referred to collectively as Respondents. 2 Defendants own 3929 Malibu Vista Drive (the Malibu Vista property), a residential property located uphill from the gas station property. The easement In 1967, Defendants’ predecessors, the Mortons, granted Gulf Oil Company (Thrifty’s predecessor) and its successors an easement across the Malibu Vista property to “construct, maintain, operate and use sanitary sewers and appurtenant structures” together with the “right to enter upon and to pass and repass over and along” the easement “whenever and wherever necessary for the purposes above set forth.” The easement grant further states that “Grantee agrees . . . to quitclaim said easement within one year from such time that it is possible for Grantee to connect to any sewer line extending along Pacific Coast Highway or Topanga Canyon Boulevard which serves its service station located at the intersection…