Richmond v. Morse

Filed 5/23/06 Richmond v. Morse CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from a judgment of the Superior Court of Los Angeles County, Patrick T. Madden, Judge. Affirmed.

Paulson Law Firm and Kendall R. Paulson for Plaintiff and Appellant.

Law Office of Henry B. LaTorraca and Henry B. LaTorraca; Riedman, Dalessi & Dybens and Bruce A. Dybens for Defendants and Respondents.

______________________________________________

For easier access to the garage on the back of his property, a homeowner extended the width of his driveway onto the land of his neighbors. He also built a fence alongside the driveway, and a gate across the front of the driveway, both of which sat, in part, on his neighbors' property. This arrangement continued without complaint for a number of years, until the neighbors wanted to build an addition on their own home, and needed the fence to be removed. Cross-actions were filed for prescriptive easement and trespass, with the encroached-upon neighbors being victorious after a court trial. Judgment was entered quieting title to the disputed property in their favor, and damages were awarded for emotional distress arising from the trespass. The encroaching neighbor appeals, questioning only the propriety of the award of damages. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff and appellant Ron Richmond lives next door to defendants and respondents John and Lisa Morse. (Following the parties' convention, we will refer to their respective properties as the â€