A contentious legal battle over the use of a shared driveway easement has escalated between two neighboring property owners in Los Angeles. Grand View Real Property, LLC, filed a complaint on July 9, 2024, against the trustees of the Myung Kim Family Trust, seeking damages and an injunction to prevent interference with their use of the driveway.
The dispute centers around a covenant established in 1966 by the former owner of both properties, which created an easement for ingress, egress, and community driveway purposes. The majority of this easement burdens the property now owned by the Myung Kim Family Trust. After acquiring the property in mid-2020, the Trust claimed that Grand View Real Property could only use the easement for ingress and egress. Attempts at informal resolution failed, leading to litigation.
Grand View's complaint alleges that the Trust obstructed its tenant’s right to use the driveway easement in violation of Civil Code section 809. They seek $72,000 in damages due to a tenant terminating their lease early because of these obstructions and request an injunction to stop further interference. In response, the Trust filed a cross-complaint alleging private nuisance, quiet title, trespass, negligence, and sought declaratory relief. They argue that Grand View has misused the easement by parking cars and storing trash cans within it.
The court initially issued a preliminary injunction barring both parties from interfering with each other’s access rights and prohibiting Grand View from parking vehicles in the driveway for more than 72 hours. The Trust appealed this decision, arguing that parking should be limited to 30 minutes without express permission and that they should only be prohibited from "unreasonably interfering" with Grand View's use of the easement.
Judge Teresa A. Beaudet ruled against reducing the parking limit or modifying interference restrictions. She found no abuse of discretion in allowing up to 72-hour parking as it balanced both parties' interests without depriving either side completely. The judge also maintained that preventing all interference was necessary given past aggressive actions by Kim towards Grand View's tenants.
Attorneys involved include Justin D. Graham from Culver Law Group representing the defendants and Robert L. Glushon along with Sean M. Bryn from Luna & Glushon representing Grand View Real Property. The case ID is B326859.