MVJ Newport Beach attorneys Mathew J. Eschenburg and Richard A. DiCorrado obtained a damage award and permanent injunction in favor of their Plaintiff client. This was a real property dispute between two property owners over Plaintiff’s ownership rights to an easement benefiting the Plaintiff’s property and burdening Defendants’ property. These two high-profile properties are located in “The Bird Street” section of Los Angeles. Matt and Richard argued that their client’s easement comprised an easement for sanitary sewer purposes with the implied right of access to repair and maintain the sewer lines. The Defendants were alleged to have on several occasions, and in violation of a prior settlement agreement, interfered with and obstructed the Plaintiff’s access to the easement which resulted in damages.
Following a bench trial, the Court agreed with arguments made by Matt and Richard relative to this long-standing interference by the Defendants with the Plaintiff’s easement, as well as, that the Defendants had violated several provisions of a prior settlement agreement between the parties.
As a result, the Court awarded Matt and Richard’s client $768,001 in damages. Additionally, the Court ordered a permanent injunction which would run with the land requiring the Defendants to permit the Plaintiff unfettered access to the easement.