CC 805 & 811

[Ian Wilson]

Once again, the holder of the trust deed and their interest act as the pivot on which the facts turn. This case, as a number of others recently, highlights the importance of understanding the underlying fee interest as well as the underlying financial interests in determining boundaries.

And, another interesting piece of judicial writing by a Justice Mosk. This by the son of Justice Stanley Mosk.

Very interesting case, Woodcutter! Thanks for bringing it up!

[Dave Karoly, PLS]

That is just a common sense decision given those facts.

A Deed of Trust on one lot of two commonly owned is dependent on the easement on the second commonly owned lot. When the Deed of Trust is foreclosed on the first lot the easement on the second lot is effective because it is essential to the first lot (which was foreclosed). That makes sense. The Doctrine of Merger would create an unjust result.

It's nice to see them remand with instructions instead of just reversing so that the Superior Court can screw it up again in a different way. Appellate Decisions are not necessarily the final answer in a given case.

That Opinion should be published but not many are getting published these days.