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6 California opinions name it 2 courts 2015–2026 2 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Shoen v. Zacariasgreen2 sentences2026(Shoen v. Zacarias (2015) 237 Cal.App.4th 16, 20 (Shoen) [“the equitable nature of this doctrine does not give a court license to grant easements on the basis of ‘whatever [a court] deems important,’ even when these prerequisites are absent”].) Thus, the court’s focus must be on the three elements, rather than “a more open-ended and free-floating inquiry into which party will make better use of the encroached-upon land, which values it more, and which will derive a greater benefit from its use.” (Id. at p. 21.) “ ‘Overarching the analysis’ ” is the importance of the legal owner’s property righ 2022“Further, ‘the equitable nature of this doctrine does not give a court license to grant easements on the basis of “whatever [a court] deems important,” even when [the] prerequisites are absent.’ (Shoen, supra, 237 Cal.App.4th at p. 19 .)” (Ranch, supra, 38 Cal.App.5th at p. 183 .) In particular, the case of Hirshfield, supra, has no application to the instant case. | 3 | 4 |
Brown Derby Hollywood Corp. v. Hattongreen2 sentences2015(Warsaw, at p. 576 [so noting]; Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 858 [ 40 Cal.Rptr. 848 , 395 P.2d 896 ] [same] (Brown *20 Derby); see Tashakori , at p. 1009 [all three “ ‘must be present’ ”].) Contrary to the trial court’s suggestion, the equitable nature of this doctrine does not give a court license to grant easements on the basis of “whatever [a court] deems important,” even when these prerequisites are absent. 2015(Warsaw, at p. 576 [so noting]; Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 858 [ 40 Cal.Rptr. 848 , 395 P.2d 896 ] [same] (Brown *20 Derby); see Tashakori , at p. 1009 [all three “ ‘must be present’ ”].) Contrary to the trial court’s suggestion, the equitable nature of this doctrine does not give a court license to grant easements on the basis of “whatever [a court] deems important,” even when these prerequisites are absent. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nellie Gail Ranch Owners Ass'n v. McMullin
green
2 sentences2026(Shoen v. Zacarias (2015) 237 Cal.App.4th 16, 20 (Shoen) [“the equitable nature of this doctrine does not give a court license to grant easements on the basis of ‘whatever [a court] deems important,’ even when these prerequisites are absent”].) Thus, the court’s focus must be on the three elements, rather than “a more open-ended and free-floating inquiry into which party will make better use of the encroached-upon land, which values it more, and which will derive a greater benefit from its use.” (Id. at p. 21.) “ ‘Overarching the analysis’ ” is the importance of the legal owner’s property righ 2026(Nellie Gail, supra, 4 Cal.App.5th at p. 1005 .) D. | 1 | 2026–2026 |
Hirshfield v. Schwartz
green
2 sentences2022“Further, ‘the equitable nature of this doctrine does not give a court license to grant easements on the basis of “whatever [a court] deems important,” even when [the] prerequisites are absent.’ (Shoen, supra, 237 Cal.App.4th at p. 19 .)” (Ranch, supra, 38 Cal.App.5th at p. 183 .) In particular, the case of Hirshfield, supra, has no application to the instant case. 2022In Hirshfield, supra, 91 Cal.App.4th 749 , the owners of adjacent properties misunderstood the location of the property line and each built improvements that encroached on the other’s property. | 1 | 2022–2022 |
Ranch At the Falls LLC v. O'Neal
green
1 sentence2022“Further, ‘the equitable nature of this doctrine does not give a court license to grant easements on the basis of “whatever [a court] deems important,” even when [the] prerequisites are absent.’ (Shoen, supra, 237 Cal.App.4th at p. 19 .)” (Ranch, supra, 38 Cal.App.5th at p. 183 .) In particular, the case of Hirshfield, supra, has no application to the instant case. | 1 | 2022–2022 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.