DIETERICH INTERNATIONAL TRUCK SALES, INC. V. J.S. &J. SERVICES, INC. 5 Cal.Rptr. 2d 388, review denied (1992) CASE BRIEF

DIETERICH INTERNATIONAL TRUCK SALES, INC. V. J.S. &J. SERVICES, INC.

5 Cal.Rptr. 2d 388, review denied (1992)

NATURE OF THE CASE: This was a quiet title action.

FACTS: Dieterich (P) began operations in 1967 and used a 50-foot-wide stretch of Terminal Station property (D) to allow his truck customers to gain access to his service bays. Big trucks can get in and out of P's service property without crossing D's property. Things were ok until the county ordered D to replace their leaking underground storage tanks in 1988. The engineers recommended that the replacement tanks be sunk in front of P's service bays squarely in the easement claimed by P. This required the erection of barriers to block the service bays. P sued for injunctive relief and to quiet title to the easement. The trial court held that P had acquired an easement by prescription against both D and D's landlord. This appeal was the result.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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