CLARENCE VINCENT TOWNSEND JR. ET AL VS. MELVIN WASHINGTON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24617566 - July 3, 2025 Hearing date: July 3, 2025 Case number: CGC24617566 Case title: CLARENCE VINCENT TOWNSEND JR. ET AL VS. MELVIN WASHINGTON ET AL Case Number: | | CGC24617566 | Case Title: | | CLARENCE VINCENT TOWNSEND JR. ET AL VS. MELVIN WASHINGTON ET AL | Court Date: | | 2025-07-03 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 3, 2025 line 3.

DEFENDANTS' DEMURRER TO AMENDED COMPLAINT is OVERRULED. Defendant's authority does not stand for the proposition that for an equitable easement cause of action, an innocent successor-in-interest must allege the innocence of the prior owner who constructed the easement at issue. In each case, the party to the litigation was the party who constructed the easement, and thus was the party whose innocence needed to be alleged. See Dolske v. Gormely (1962) 58 Cal.2d 513, 517; Warsaw v. Chicago Metallics Ceilings, Inc., (1984) 35 Cal.3d 564, 569; Christensen v. Tucker (1952) 114 Cal.App.2d 554, 555; Brown v. Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 857. =(501/CFH)

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