Legal Opinion

McBride v. Smith

California Court of Appeal, 5th District

Decided January 4, 2018No. A147931PublishedCited by 15 opinions

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

  1. Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
  2. San Diego Gas & Electric Co. v. Superior CourtCalifornia Supreme Court · 1996
  3. Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
  4. Mountain Air Enters., LLC v. Sundowner Towers, LLCCalifornia Supreme Court · 2017
  5. Miller v. National Broadcasting Co.California Court of Appeal · 1986

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3Cited by15 opinions

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  4. Husain v. California Pacific BankCalifornia Court of Appeal · 2021
  5. Kamal v. Deutsche Bank National Trust Co. CA2/6California Court of Appeal · 2020

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