McBride v. Smith

Filed 1/4/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR KATHLEEN D. MCBRIDE, as Trustee, etc., Plaintiff and Appellant, A147931 v. (Napa County BYRON C. SMITH et al., Super. Ct. No. 26-63368) Defendants and Respondents. I. INTRODUCTION Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for violating McBride’s rights with respect to a recorded easement over the Smiths’ property. After sustaining demurrers to several versions of McBride’s complaint, the last without leave to amend, the trial court entered…