Mason v. Foster

Filed 1/19/07  Mason v. Foster CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

I. INTRODUCTION

            Appellants Gail Mason (Mason) and Kenneth Burton, husband and wife, own real property abutting Sanford Ranch Road, near Ukiah in Mendocino County.  Directly behind and uphill from appellants' property are two lots owned by respondents that are accessed only via an easement across appellants' property.  Appellants commenced a declaratory relief and quiet title action in the superior court raising several issues regarding the scope and nature of the easement across their land.  The court sustained respondents' demurrer to appellants' complaint without leave to amend on the basis that the issues raised by appellants' action had either been effectively decided, or could have been decided, in previous litigation and, hence, their complaint was barred by collateral estoppel.  We affirm on this and one other ground presented by the record.

II. FACTUAL AND PROCEDURAL BACKGROUND

            In 1988, Mason was gifted the land she and her husband now own.  The property was given her by her father, the prior owner, and is described in the deed as â€