Tariwala v. Mack CA2/6
Saiffuddin Tariwala, Fnu Husaina and Shabbir Saifee (collectively “plaintiffs”) are the owners of a single-family residence located on Los Robles Road in Thousand Oaks (“Tariwala Property”). Defendant Keith Martin Mack is the owner of a neighboring property on Los Robles Road (“Mack Property”). Plaintiffs claim an easement over Mack’s driveway for ingress and egress to their property.
Plaintiffs brought this action against Mack after he blocked the driveway easement. The trial court issued a preliminary injunction preventing Mack from interfering with plaintiffs’ use of the easement. Mack, who is self-represented, contends the driveway easement was extinguished through the doctrine of merger and that the court erred by enforcing the easement pending resolution of this litigation. Based on the limited record presented, we conclude Mack has not met his burden of demonstrating an abuse of judicial discretion. We affirm.
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