Rogers v. Regents
Plaintiff Cletius Rogers has no access to his 26-acre parcel of land in Yuba County as a result of the summary judgment granted defendant Regents of the University of California (University) based on the Universitys defense of laches to a declaratory relief action to establish an easement. The trial court found plaintiffs 26-year delay in reinstituting litigation to assert his right to use a road traversing University property for ingress and egress was unreasonable and, as a result, the University suffered prejudice because potential knowledgeable witnesses had died and the University was forced to defend the action at public expense for a second time. Our review is de novo. (Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 67-68 (Johnson).)
We are confronted with two questions. Is laches a possible defense to the establishment of an easement? If so, did plaintiffs delay in filing his complaint constitute laches as a matter of law? Although we reject plaintiffs inflexible notion that laches can never be a defense to the establishment of an easement that arises by operation of law, Court conclude the University did not establish the requisite prejudice to sustain a finding of laches. Court also reject a new theory raised by the University for the first time on appeal. Court reverse the judgment and remand to the trial court for further proceedings.
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