Holbrook v. Telesio

BROWN (Gerald), J.

In 1956 a judgment was entered in favor of Charles Telesio and his wife Elizabeth Telesio, defendants, cross-complainants and respondents herein (hereinafter referred to as respondents) that they owned an easement by prescriptive right over the land of Herbert N. Holbrook and his wife Evelyn Holbrook, plaintiffs, cross-defendants and appellants herein (hereinafter referred to as appellants). Thereafter appellants and respondents became involved in numerous disputes over the use of the easement. In 1960, appellants filed an action asking to have the exact nature of the easement declared, an injunction against the wrongful use of the easement, and damages. After several days of trial counsel announced in open court a stipulated settlement. By the terms of the settlement there were to be several transfers of property. Included were transfers to and from one Winzurk, a non-party, who agreed in open court to cooperate in the settlement. The respondents were to be given a new easement, a “legal and secure means of access from their real property to public roads in San Diego County,” and their prescriptive easement was to be quitclaimed to appellants. The trial was continued to permit the parties to execute the necessary conveyances. Although respondents and the non-party Winzurk executed the necessary conveyances, the appellants refused.

[154]

Respondents’ motion for an order directing compliance with the settlement was granted. The court also authorized the filing of a supplemental cross-complaint by respondents in the event plaintiffs failed to comply with the order. Upon plaintiffs’ refusal to comply with the order, the cross-complaint was filed, trial was had thereon and judgment was entered directing appellants to carry out the settlement and providing for the execution of required instruments by court commissioners if necessary.

Under the terms of the settlement respondents were to receive a new easement running from their property to a 60-foot wide easement reserved for road purposes on a Record of Survey Map filed pursuant to section 11535 of the Business and Professions Code. This easement leads to a dedicated county road. The center line of the 60-foot easement is the boundary line between appellants’ property and that of one Stretton. The easterly 30 feet of the easement is on Stretton’s property. The westerly 30 feet is on appellants’ property.

Appellants contend: That respondents cannot gain “legal and secure access from their real property to the public roads of San Diego County,” except by traversing this 60-foot easement; that Stretton is half owner of this easement; that the court did not have jurisdiction over either Stretton or his property; that the judgment is therefore void since it affects the property rights of one not a party to the action and will involve appellants in further litigation with their neighbors.