The California 4th District Court of Appeal reported the following activity in the suit brought by
John N. Elson and
Joseph Simeon Elson against
Natalie N. Gondrezick on Nov. 1: 'Letter Sent To Counsel Re: To All Parties: This Matter Is Set For Oral Argument On November 16, 2022, At 9:00a.m. In Addition To Other Issues The Parties Deem Appropriate To Address, Please Be Prepared To Discuss The Following:1. The Parties Agree That Because The Trial Court Found That Plaintiffs Failed To Meet Their Burden Of Proof, The Judgment Must Be Affirmed Unless The Evidence Compels A Judgment In Plaintiffs' Favor As A Matter Of Law. (sonic Manufacturing Technologies, Inc. V. Aae Systems, Inc., (2011) 196 Cal.app.4th 456, 466.) A. Regarding The Claim For Prescriptive Easement, Does The Evidence Compel A Judgment In Plaintiffs' Favor On The Element Of Adverse Use (as Opposed To Permissive Use) For The Prescriptive Period?b. Regarding The Claim For Easement By Necessity, Does The Evidence Compel A Judgment In Plaintiffs' Favor On The Requirement Of Strict Necessity?2. Regarding The Claim For Equitable Easement, Did Plaintiffs Forfeit This Claim By Withdrawing Their Request To Amend The Complaint To Add Such A Claim During Trial, And By Failing To Raise It In Their Opening Brief?'.
Case number D079216 was filed in the California 4th District Court of Appeal on July 12, 2021.
