Giordano v. Knuthson-Loomis CA3
This case involves a real property dispute between two landowners in rural Butte County. Plaintiffs David R. and Elizabeth G. Giordano, as trustees of the D & E Giordano Revocable Family Trust (collectively, plaintiffs), filed an action to quiet title to a prescriptive easement to use a dirt road/trail that traverses defendant Merle Knuthson-Loomis’s (defendant’s) property. Plaintiffs claimed that they had used the road openly, notoriously, adversely, and continuously for many years, as it was the only practical means for them to access their own adjoining properties. Defendant opposed their request for a prescriptive easement, arguing that because the public uses the road for recreational purposes, Civil Code section 1009 prevents plaintiffs’ use of the road from ripening into a private prescriptive easement. Defendant also cross-complained for trespass damages and to quiet title to a disputed boundary line.
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