Levy v. Liang
Filed 7/14/06 Levy v. Liang CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| GREG LEVY, Plaintiff and Respondent, v. ZHENWHEN LIANG, Defendant and Appellant. | A111375 (Sonoma County Super. Ct. No. SCV-236130) |
Plaintiff Greg Levy sued defendant Zhenwhen Liang to establish a prescriptive easement for parking and ingress and egress across Liang's property, to benefit Levy's neighboring commercial property. The trial court found that Levy established a prescriptive easement and then denied Liang's motion for a new trial brought on the ground that Levy's use of the easement for commercial purposes violates the local zoning laws. We conclude that substantial evidence does not support an easement of the scope found by the trial court, but that there is substantial evidence of a more limited easement. Therefore we shall reverse and remand.
Background
In October 1999, Levy purchased property at 1000 West College Avenue in Santa Rosa (sometimes referred to herein as 1000). This parcel sits on the corner of West College Avenue and Clover Drive. As described more fully below, the property housed a gasoline filling station and then an automobile repair shop until approximately 1989, and a book store until 1994. Since May 2004, Levy has operated a coffee shop and real estate office on the property. This parcel is immediately adjacent to 1030 West College Avenue (sometimes referred to herein as 1030), which in turn is adjacent to 1050 West College Avenue (1050). A residence sits on 1050 but the lot at 1030 historically has been vacant. There is no physical barrier between any of the three lots, so that cars may pull off the road at 1030 West College Avenue to access 1000 West College Avenue. Both 1030 and 1050 were owned by Georgia Hesse or her trust from 1945 to 2004, when Liang purchased both parcels.
On January 21, 2005, Levy filed a complaint that sought â€
