Belen v. Taylor
Matthew Taylor (Taylor) appeals from a judgment entered on consolidated actions ordering him to remove an encroaching garage and fence from his neighbors property and to pay damages and costs. Taylor challenges the default judgment entered against him in his neighbors trespass and nuisance action (case No. HG05230854), arguing primarily that the damages awarded are in excess of that demanded in the complaint and that surveyors fees are not recoverable as costs. Taylor challenges the summary judgment entered against his own quiet title claim (case No. HG06261686), arguing that triable issues of material fact preclude summary judgment. Taylor also argues that his neighbor lacked standing and that indispensable parties were not joined. Court reverse the trial courts award of damages and surveyors costs, but otherwise affirm the judgment.
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