Dumke

Background 21 On May 19, 2020, Plaintiff Andrew Dumke (“Plaintiff”) filed a complaint against 22 Southside Realty Investments, LLC (“Defendant”) alleging state law claims for (1) 23 wrongful injury to trees, (2) trespass, (3) nuisance, (4) ejectment, and (5) quiet title. 24 (Dkt. No. 1, Compl. ¶¶ 18-52.) Plaintiff is the owner of real property located at 2052 Via 25 Casa Alta in La Jolla, California. (Id. ¶ 8.) Defendant is the owner of real property 26 located at 2042 Via Casa Alta in La Jolla, California which is adjacent to Plaintiff’s 27 property. (Id. ¶ 9.) 28 Since October 2003, Defendant has attempted to remodel the existing single-family residence located on the property which has progressed in fits and starts but the progress of the remodel of the home progressed more rapidly over the past three years and appears to be near completion. (Id. ¶¶ 11, 12.) According to the complaint, Plaintiff’s property included a climbing fig, Ficus Pumila, hedge (“Ficus Hedge”), that ran along the boundary between Plaintiff and Defendant’s properties. (Id. ¶ 10.) The Ficus Hedge afforded both owners a screen between the properties so each could…