Grand View Real Property v. Kim CA2/3

INTRODUCTION

This is a contentious dispute between neighboring property owners regarding the appropriate use of a driveway easement.1 In 1966, the former owner of both neighboring properties recorded a covenant and agreement creating an easement for ingress, egress, and community driveway purposes in favor of both properties. The bulk of the easement burdens the property now owned by defendants and appellants Benjamin Joon Tae Kim and Jullie Myung, as Trustees of the Myung Kim Family Trust.2 After the Trust acquired the property in mid-2020, it claimed the easement only allows the owner of the adjacent property, plaintiff and respondent Grand View Real Property, LLC (Grand View), to use the easement for ingress and egress. Informal resolution of the issue failed and this litigation ensued. The court issued a preliminary injunction barring each party from interfering with the other party’s property access rights and prohibiting Grand View from, among other things, parking vehicles in the driveway easement area for more than 72 hours. The Trust appeals, arguing the parking limit should be reduced to 30 minutes in the absence of the Trust’s express permission and that it should only…