Partner Elisa Marcaletti and Associate George Morris Prevail in Easement Dispute at Trial

Congratulations to partner Elisa Marcaletti and associate George Morris of our San Francisco office, who recently obtained a judgment in favor of their clients in an easement dispute involving years of discord and litigation between neighbors over access to a water well located in the easement.  Our clients alleged that they were prevented from accessing the well after a devastating fire swept through the neighborhood when their neighbors prevented repair contractors from entering the easement.  Their neighbors cross-complained for quiet title, nuisance, trespass, negligence, and declaratory relief, among other causes of action, arguing the easement had been extinguished due to damage in the fire, that our clients’ use exceeded the scope of the original easement, and that they performed unauthorized repairs to the well after the fire.

After a two-week bench trial and years of litigation, Ms. Marcaletti and Mr. Morris elicited testimony and evidence that convinced the Court that their clients’ easement was not extinguished due to the fire, that their use did not exceed the scope of the original purpose of the easement, and that post-fire repairs were incidental to the clients’ easement rights.  Our clients not only beat a CCP section 998 Offer to Compromise served on their neighbors just before trial but were also declared the prevailing party for the purposes of costs recovery.