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Guzik v. Lee
Nahum Guzik brought a lawsuit against his Palo Alto neighbors David and Joanne Lee and their predecessors in interest, his former neighbors George and Cornelia Haber, who allegedly eliminated a gate providing access to a pathway used by Guzik over their property before they sold the property to the Lees. Guzik also sued the City of Palo Alto, which allegedly had acquired public utility easements over the adjacent property by condemnation. Guzik claimed that he had acquired a prescriptive right to use a path across the Habers' property, now the Lees' property, which was referred to as the "Disputed Pathway," for purposes of pedestrian ingress and egress, walking his dog, accessing Robb Road where his water meter was located, and accessing the easements for water line and other utilities servicing his property. The path allegedly extended from Guzik's property, which had an address on Old Adobe Road, to Robb Road. Guzik sought to quiet title, and to abate the conditions tortiously interfering with his use and enjoyment of the "Disputed Pathway," declaratory and injunctive relief, and damages.
In the only cause of action against the Habers, Guzik sought to recover litigation costs incurred in suing the Lees as damages under the doctrine of "tort of another." Guzik maintains that his lawsuit against the Lees was the natural and proximate consequence of the Habers' conduct since "proximate consequence" "includes "reasonably foreseeable events, such as the Lees' continuation or maintenance of the nuisance created by defendants Haber." Guzik appeals from the trial court's order granting a judgment of nonsuit in favor of the Habers. Court affirm.


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