Roberts Cottage Assn. v. Chapin
Filed 4/14/06 Roberts Cottage Assn. v. Chapin CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| ROBERTS COTTAGES ASSOCIATION, Plaintiff and Respondent, v. CLEO WELBURN CHAPIN et al., Defendants and Appellants. | D045953 (Super. Ct. No. GIN037003) ORDER MODIFYING OPINION AND DENYING PETITIONS FOR REHEARING [CHANGE IN JUDGMENT] |
THE COURT:
The opinion in the above referenced matter, filed March 20, 2006, is modified as follows:
On page one, first paragraph, second sentence, replace the sentence reading as follows:
Reversed.
and replace it with the following sentence:
Reversed in part and affirmed in part.
On page one, second paragraph, third sentence, replace the sentence reading as follows:
We reverse the judgment.
and replace it with the following sentence and add a new sentence:
We reverse the judgment to the extent it awards a prescriptive easement.
In all other respects, we affirm the judgment.
The Disposition on page nine, first sentence, replace the sentence reading as follows:
The judgment is reversed.
and replace it with the following sentence and add a sentence so that the Disposition reads as follows:
The judgment is reversed to the extent it awards a prescriptive easement
in favor of the Association. In all other respects, the judgment is affirmed.
The Owners are entitled to their costs on appeal.
There is a change in judgment.
The petitions for rehearing are denied.
McCONNELL, P. J.
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