Hakimian v. Beasley CA4/2
Plaintiff and appellant, Bijan Hakimian, appeals from the May 5, 2016, orders denying his requests for civil harassment restraining orders against his neighbors, defendants and respondents, Rex Beasley and Ellen Miranda Berkowitz. (Code Civ. Proc., § 527.6.) We affirm the orders denying the requests.
As we explain, plaintiff improperly sought to adjudicate a real property dispute between himself and defendants by way of his requests for the civil harassment restraining orders. He claimed he had an historical easement over an old roadway that crossed defendants’ property in order to access his property, and he sought to enjoin defendants from destroying or otherwise interfering with his and others’ use of the old roadway. Defendants had blocked the old roadway and built a new roadway for plaintiff and others to use, but plaintiff was unsatisfied with the new roadway because he believed it was on lower ground and was prone to flooding because it was near a creek.
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