McBride v. Smith
California Court of Appeal, 5th District
1Opinion of the CourtRuvolo, P. J.
*1163I. 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 judgment in favor of the Smiths. On appeal, we conclude that McBride stated causes of action for nuisance *394and prescriptive easement, and the trial court committed reversible error by sustaining demurrers as to those claims. In light of this conclusion, we need not address McBride's additional…
2Cases cited28 opinions
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- San Diego Gas & Electric Co. v. Superior CourtCalifornia Supreme Court · 1996
- Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
- Mountain Air Enters., LLC v. Sundowner Towers, LLCCalifornia Supreme Court · 2017
- Miller v. National Broadcasting Co.California Court of Appeal · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Adem v. America's Wholesale Lender CA2/6California Court of Appeal · 2021
- Chhatrala Investments, LLC v. Elajou Investment Group, L.P. CA4/1California Court of Appeal · 2021
- Davis v. Nissan North America, Inc.California Court of Appeal · 2024
- Husain v. California Pacific BankCalifornia Court of Appeal · 2021
- Kamal v. Deutsche Bank National Trust Co. CA2/6California Court of Appeal · 2020
10 more not listed; retrieve them via the Exa API.