DeNardi v. TPL CA4/1
In 2012, Ed and Carole McVaney used a limited liability limited partnership they
owned (defendant TPL, LLLP) to purchase a residence in Coronado, California. After
they constructed a new home on the property, the McVaneys landscaped over a frontage
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road that crossed their lot and for decades had provided access to the main street for
neighboring residences. As a result, neighbor and plaintiff Harold DeNardi brought an
action for declaratory and injunctive relief to force the McVaneys to restore the frontage
road and access point. The trial court granted DeNardi's motion for summary
adjudication, concluding he had a prescriptive easement for use of the road. The court
then granted DeNardi's motion for a permanent injunction, ordering the McVaneys to
restore the road and access point. The McVaneys challenge those orders, asserting (1)
DeNardi did not establish a prescriptive easement because he and others in the
neighborhood generally believed the access road was a
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