Bernstein v. Sebring CA3

Filed 9/21/21 Bernstein v. Sebring CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (El Dorado) ----

SCOT BERNSTEIN, C088375

Plaintiff, Cross-defendant and (Super. Ct. No. PC20140070) Respondent,

v.

TIM SEBRING,

Defendant, Cross-complainant and Appellant.

Defendant and cross-complainant Tim Sebring (Sebring)1 appeals an order granting prevailing party status under Code of Civil Procedure section 1032, subdivision (a)(4)2 to plaintiff and cross-defendant Scot Bernstein (Bernstein) and awarding

1 A company owned or controlled by Sebring, Sheffield Properties & Investments, LLC, was a codefendant. For clarity, and because it does not affect our analysis, we will refer only to Sebring in this opinion. 2 Undesignated statutory references are to the Code of Civil Procedure.

1

Bernstein his costs of suit. Because neither party obtained any relief on their cross- claims that survived a partial settlement early in the case, we conclude that Sebring, the defendant, is the prevailing party. We therefore will reverse the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND This appeal arises from a dispute between two neighboring property owners, Bernstein and Sebring, over an easement that runs across Bernstein’s land. Bernstein sued first, filing an action for injunctive relief and damages in February of 2014. The complaint asserted causes of action for trespass and conversion against Sebring, alleging that Sebring or his contractors were altering the unpaved easement, removing trees, and otherwise damaging the easement area. Sebring cross-complained for: (1) quiet title; (2) declaratory relief; and (3) interference with easement. Amended pleadings were filed by both sides in 2015, though the gravamen of the claims remained the same. On August 18, 2016, the parties attended a judicial settlement conference and settled part of their dispute, as documented in an order pursuant to partial settlement entered on October 3, 2016. Under the settlement agreement, Bernstein dismissed with prejudice the second cause of action (conversion) and waived all claims for monetary relief as against Sebring. Bernstein retained his first cause of action for trespass to preserve his right to seek injunctive relief at trial against Sebring. For his part, Sebring, with the mutual understanding that he had a nonexclusive easement over Bernstein’s property, dismissed with prejudice the first cause of action in his cross-complaint for quiet title and the third cause of action for interference with easement. Sebring also waived all claims for damages and other monetary relief against Bernstein, though he reserved his right to pursue declaratory relief as to his secondary easement rights. Although the issue of costs was not mentioned on the face of the October 3, 2016 settlement order, the order recites that the parties “orally stipulated on the record before the Court to the terms of the partial settlement and a copy of the transcript of said stipulation on the record is attached . . . and incorporated” into the October 3 order.