Elsinore Hang Gliding Assn. v. Concordia CKS
Investments























Filed 9/28/10 Elsinore Hang
Gliding Assn. v. Concordia CKS Investments CA4/2







NOT TO BE PUBLISHED IN OFFICIAL REPORTS





California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.







IN THE COURT OF APPEAL OF THE STATE OF >CALIFORNIA >

FOURTH APPELLATE DISTRICT



DIVISION TWO




>

ELSINORE HANG GLIDING ASSOCIATION, Plaintiff and Respondent, v. CONCORDIA CKS INVESTMENTS, LLC, Defendant and Appellant. _______________________________________ ELSINORE HANG GLIDING ASSOCIATION, Plaintiff, Cross-defendant and Appellant, v. WESTERN INTERNATIONAL DEVELOPMENT, LLC, et al., Defendants and Respondents; CONCORDIA CKS INVESTMENTS, LLC, Defendant, Cross-complainant and Respondent. _______________________________________ CONCORDIA CKS INVESTMENTS, LLC, Plaintiff and Respondent, v. ELSINORE HANG GLIDING ASSOCIATION, Defendant and Appellant.

E044307 (Super.Ct.No. RIC411343) E046936 (Super.Ct.No. RIC411343) (Super.Ct.No. RIC455494) OPINION

APPEAL
from the Superior Court
of Riverside
County. Kenneth W.
Andreen (retired Associate Justice of the Court of Appeal, Fifth Appellate
District, assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal.
Const.), and Michael B. Donner, Judges.
Affirmed as to case No. E046936; dismissed as to case No. E044307.

John
Calfee Mulvana and Francis X. Hoffman (Hoffman) for Elsinore
Hang Gliding Association (EHGA).

Gallagher
& Moore and Shannon Gallagher for Concordia CKS Investments, LLC
(Concordia), Western International Development, LLC (Western), and Kang Shen
Chen (Chen).

EHGA
initiated an action for specific performance of a settlement agreement between EHGA,
Elsinore Testing of Experimental Aircraft Mechanisms, Inc. (Elsinore Testing),
Hoffman, Kenneth Niemi (Niemi), Richard Farnsworth (Farnsworth), and Rich
Pfeiffer (Pfeiffer),^[1] on the one hand, and Chen, Western, and Concordia
on the other. EHGA sued Western, Chen,
Farnsworth, Niemi, Concordia, and the County
of Riverside (County). Following a court trial, Western, Chen,
Farnsworth, Niemi, Concordia and the County prevailed. EHGA appeals, challenging the court's decision.

I. PROCEDURAL BACKGROUND AND FACTS

EHGA
encourages and promotes the safe participation in hang gliding and paragliding,
as well as protects, regulates, maintains, and improves flying sites for
pilots' use. Hang gliding has been a
part of Lake Elsinore
since the 1970's; however, the increase in development in Riverside
County has restricted the

available sites to land these
aircraft. According to EHGA, on January 26, 1996, a prescriptive
easement was obtained and recorded across a certain parcel of real property
located in Riverside County
near the junction of Ortega Highway
and Grand Avenue in Lake
Elsinore (Property). This Property, previously owned by Devcal
Corporation, was acquired by Western.
EHGA conveyed its interest in the claimed prescriptive easement to
Elsinore Testing. On March 1, 1999, Elsinore Testing
sued Western, Chen and the County, seeking to quiet title to the Property to
which it claimed a prescriptive easement after a â€