On remand, if a defendant has unreasonably interfered with a plaintiff's easement, what is the standard for determining whether plaintiffs are entitled to relief?
California, United States of America
The following excerpt is from Velasquez v. Echeveste, B213399 (Cal. App. 11/20/2009), B213399 (Cal. App. 2009):
Thus, the trial court applied the incorrect legal standard in determining whether plaintiffs are entitled to relief. For that reason, we reverse the judgment. On remand, the trial court should determine if defendant has unreasonably interfered with the easement. (See Dolske v. Gormley (1962) 58 Cal.2d 513 [trial court's finding that fence not an unreasonable restriction of easement rights upheld].)
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