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Linthicum v. Butterfield

California Court of Appeals, Second District, Sixth Division
Apr 8, 2009
2d Civil B199645 (Cal. Ct. App. Apr. 8, 2009)

Opinion


MICHAEL RAY LINTHICUM et al., Plaintiffs, Cross-defendants and Appellants, v. JOHN LOCKE BUTTERFIELD et al., Defendants, Cross-complainants and Respondents ROBERT BJORKLUND et al., Defendants, Cross-complainants and Respondents. 2d Civil No. B199645 California Court of Appeal, Second District, Sixth DivisionApril 8, 2009

Super. Ct. No. 1130799, Santa Barbara County

ORDER MODIFYING OPINION [CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on April 2, 2009, be modified as follows:

1. On page 1, the first full paragraph is deleted and the following two paragraphs are inserted in its place:

When does a trial court properly exercise its discretion to create an equitable easement? This case provides a good example.

Plaintiffs bought a parcel of land on which defendant owners of neighboring parcels used a roadway, the only access to their land. Plaintiffs sought an injunction to prevent defendants from using the roadway. Defendants cross-complained to quiet title to an easement for the roadway. The trial court quieted title to an equitable easement in favor of defendants. We remand for the trial court to specify the width of the roadway easement, reverse an unrelated cause of action regarding a utility easement, and otherwise affirm.

2. On page 12, the last full paragraph is deleted and the following paragraph is inserted in its place:

The case is remanded for the trial court to specify the width of the roadway easement. The judgment in favor of the Bjorklunds on Linthicum's second cause of action is reversed. In all other respects, the judgment is affirmed. Costs are awarded to respondents.

This modification changes the judgment.


Summaries of

Linthicum v. Butterfield

California Court of Appeals, Second District, Sixth Division
Apr 8, 2009
2d Civil B199645 (Cal. Ct. App. Apr. 8, 2009)
Case details for

Linthicum v. Butterfield

Case Details

Full title:MICHAEL RAY LINTHICUM et al., Plaintiffs, Cross-defendants and Appellants…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Apr 8, 2009

Citations

2d Civil B199645 (Cal. Ct. App. Apr. 8, 2009)