Schorr Law Wins Los Angeles Jury Trial, Obtains Prescriptive Easement for Apartment Building
LOS ANGELES, Jan. 18, 2024 /PRNewswire/ -- Last week, Schorr Law prevailed after a five-day jury trial where it helped an apartment building owner secure a prescriptive easement to use the driveway of an adjacent apartment building. The case, Los Angeles County Superior Court Case Number 21STCV23729, had been pending in the Los Angeles County Superior Court since the middle of 2021. In 2021, upon the filing of the action, Schorr Law was able to obtain a preliminary injunction prohibiting the defendant property owner from interfering the plaintiffs' use of a shared driveway on defendant's property. The preliminary injunction also called for the removal of an encroaching fence that the defendant had placed in the shared driveway to try to prevent Schorr Law's clients and their tenants from accessing the driveway.
This was not the first trial in this case that Schorr Law won.After the court issued the preliminary injunction, Schorr Law brought contempt proceedings against the defendant and her parents who had been interfering with the plaintiffs' tenants' use of the shared driveway. Following a 2-day contempt trial, the court found defendant's parents in contempt of court, fined them, and issued a short jail sentence (which was stayed unless defendant further violated the court's order).
After the favorable contempt trial ruling, the parties geared up for trial. This past week, the parties tried the matter to a 12-person jury. Schorr Law prevailed after a 5-day jury trial where the jury found nearly unanimously on all claims that Schorr Law's client was entitled to a prescriptive easement over the neighboring property.
Schorr Law's lead trial counsel was Zachary D. Schorr with second chair Jayant Tripathy. The trial team commented saying: "You don't see many prescriptive easement jury trials so we are just glad that the jury understood this complex area of the law, where prescriptive use is established through non-permissive use. Essentially the trespasser acquires a permanent right to use after 5 years. We are very happy with the results for our clients!"
Contact:
Marcelo Franklin
[email protected]
SOURCE Schorr Law, APC
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