Sornborger v. Kempkes CA2/6

Filed 12/3/25 Sornborger v. Kempkes CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GARY SORNBORGER, 2d Civ. No. B345849 (Super. Ct. No. 56-2022- Plaintiff and Respondent, 00570578-CU-OR-VTA) (Ventura County) v.

MICHAEL KEMPKES et al.,

Defendants and Appellants.

The trial court issued a temporary order allowing respondent’s agents to enter appellants’ property to install helical piles to stabilize the foundation on respondent’s property. We affirm. FACTS Gary Sornborger and Michael and Jeanette Kempkes (collectively Kempkes) own neighboring residential units in a planned unit development. The units are detached, but very close. In fact, so close they are encumbered by the following reciprocal easement:

“An Owner shall permit the Owner or Owners of an adjoining Lot or Lots, or his or their representatives to enter upon his Lot for the purpose of repairing and/or maintaining the exterior walls of his or their residential structures, provided, that request for entry is reasonably made in advance and that such entry is made at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate.” All is not well between the neighbors. A dispute arose over Sornborger’s right of access over the easement, as well as other matters. In April 2023, the parties stipulated to a preliminary injunction (hereafter stipulated order). The trial court ordered Kempkes to allow Sornborger access over the easement to repair or maintain the exterior walls, subject to certain notice requirements. The stipulated order allowed the parties to seek ex parte relief for any alleged violation of the order. Sometime thereafter Sornborger noticed the foundation under his unit was slipping. In spite of the stipulated order, Sornborger was required to obtain a supplemental order simply to allow access for his experts to inspect the damage. Experts recommended the installation of helical piles. The piles would slant down at a five-degree angle under the foundation footing of Sornborger’s unit The top of the piles would slant a maximum of five and one-half inches away from the footing and would be covered by 12 inches of soil. A diagram is attached as appendix A. Kempkes refused Sornborger access over the easement to install the piles. In April 2025, Sornborger moved for a modification of the stipulated order to allow access over the easement for the purpose of installing the helical piles.