Law Brisas-Diamond Bar HOA v. Dolezal
Filed 8/24/06 Law Brisas-Diamond Bar HOA v. Dolezal CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION ONE
| LAS BRISAS-DIAMOND BAR HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. WARREN F. DOLEZAL et al., Defendants and Appellants. | B180907 (Super. Ct. No. KC 040291) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Daniel J. Buckley, Judge. Affirmed.
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John F. Hodges; Robert E. Knudsen for Defendants and Appellants Warren F. Dolezal and The Dolezal Company.
Fiore, Racobs & Powers and Peter E. Racobs for Plaintiff and Respondent.
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Warren F. Dolezal and The Dolezal Company appeal from a judgment quieting title to an easement burdening land that The Dolezal Company previously owned, and awarding damages and costs to the plaintiff, the Las Brisas-Diamond Bar Homeowners' Association (the Association). We affirm.
BACKGROUND
This litigation concerns easements across property (the burdened property) located in Diamond Bar, California. A condominium development known as Las Brisas borders the burdened property, and the Association, acting on behalf of Las Brisas, claims easements across the burdened property both for secondary emergency access and for the location of certain irrigation equipment. Only the access easement is at issue on this appeal.
The Las Brisas property was previously owned by Diamond Bar Mountain Village, Inc., which transferred it in 1980 to Carlsberg Construction Company (Carlsberg), which built the Las Brisas development. Warren F. Dolezal was president of Diamond Bar Mountain Village, Inc. at the time. Mr. Dolezal and his wife owned the burdened property in 1980, and when the Las Brisas property was transferred to Carlsberg, Mr. Dolezal and his wife granted to Carlsberg an express easement (the Carlsberg easement) across the burdened property â€
