Richardson v. Franc, A137815

• Decision Date: 27 January 2015
• Docket Number: A137815
• Citation: 233 Cal.App.4th 744,182 Cal.Rptr.3d 853
• Court: California Court of Appeals Court of Appeals
• Parties: James Scott RICHARDSON et al., Plaintiffs and Respondents, v. Greg FRANC et al., Defendants and Appellants.

233 Cal.App.4th 744

182 Cal.Rptr.3d 853

James Scott RICHARDSON et al., Plaintiffs and Respondents

v.Greg FRANC et al., Defendants and Appellants.

A137815

Court of Appeal, First District, Division 4, California.

Filed January 27, 2015

Petition for review denied April 22, 2015

Trombadore Gonden Law Group and David M. Gonden, Donald T. Ramsey, San Francisco, Counsel for Appellants.

Bien & Summers and Elliot L. Bien, Jocelyn S. Sperling, Epstein Law Firm and Robert F. Epstein, Michael B. Lopez, San Rafael, Counsel for Respondents.

RUVOLO, P.J.

I.INTRODUCTION

In order to access their home in Novato, California, James Scott Richardson and Lisa Donetti (respondents) had to traverse land belonging to their neighbors, Greg and Terrie Franc (appellants) on a 150-foot long road which was authorized by an easement for “access and public utility purposes.” Over a 20-year period, both respondents and their predecessors in interest maintained landscaping, irrigation, and lighting appurtenant to both sides of the road within the easement area without any objection. Six years after purchasing the property burdened by the easement, appellants demanded that respondents remove the landscaping, irrigation, and lighting on the ground that respondents' rights in the easement area were expressly limited to access and utility purposes, and the landscaping and other improvements exceeded the purpose for which the easement was granted. Respondents brought this lawsuit seeking, among other things, to establish their right to an irrevocable license which would grant them an uninterrupted right to continue to maintain the landscaping and other improvements.

After a bench trial, the trial court ruled—irrespective of the terms of the easement—it would be inequitable to deny respondents an irrevocable license given their substantial investment of time and money on the landscaping and other improvements and appellants' years of acquiescence. Appellants have filed this appeal, claiming the evidence did not support the granting of an irrevocable license in this case. We disagree, and find the court's decision was sound, equitable, and supported by substantial evidence.

II.FACTS AND PROCEDURAL HISTORY

The relevant facts are stated in the light most favorable to respondents, the prevailing parties below, giving them the benefit of all reasonable inferences. (Howard v. Owens Corning (1999) 72 Cal.App.4th 621, 630–631 .)

In 1989, Karen and Tom Poksay began building their home on undeveloped property at 2513 Laguna Vista Drive in Novato, California. The project included constructing and landscaping a 150-foot long driveway within the 30-foot wide easement running down to the site of their new home, which was hidden from the street. The driveway was constructed pursuant to an easement over 2515 Laguna Vista Drive, which was then owned by Dan and Jeanne Schaefer. The easement was for access and utility purposes only.

Landscaping along the driveway was important to the Poksays. They “envision [ed] it being natural and beautiful on both sides to be a nice entrance to the home.” They hired a landscaper, who dug holes for plants and trees. Ms. Poksay then added plants and trees along both sides of the driveway in the easement area—hawthorn trees, Australian tea trees, daylilies, Mexican sage, breath of heaven, flowering pear trees, and evergreen shrubs.

The landscaper installed a drip irrigation system. It was part of a complex system, including a “major irrigation line” under the driveway, connected to water valve pumps that pumped water to separate drip lines for the individual trees and plants. The lines were operated through a central control box, located behind the house, that regulated a dozen different areas: one on each side of the driveway in the easement area, and the rest on their property. Water fixtures were also installed along the driveway for fire safety. The Poksays also added electrical lighting along the driveway, later replacing the electrical lighting with solar lighting.

During the decade that the Poksays resided at the property Ms. Poksay regularly tended the landscaped area, including trimming and weeding, ensuring the irrigation system was working properly, and replacing plants and trees as necessary. In addition to Ms. Poksay's own labor, the Poksays paid their landscaper to perform general maintenance, including checking the irrigation system, replanting, and digging holes for Ms. Poksay to add new plants. The Poksays also incurred water bills and other costs over the decade to maintain and improve the landscaping.

Respondents purchased the property in late 2000. As described by the trial court, after taking an onsite tour of the property, “When Ms. Poksay sold the property to [respondents], the 30' wide easement was improved with a long sloping 12' wide driveway that was significantly enhanced by borders on each side adorned with trees, landscaping, irrigation, and lighting. A number of the trees had matured along with the landscaping to a beautiful natural entranceway running almost the entire length of the easement ....[T]he mature landscaping in 2000 included tea trees, oleander, Hawthorne, evergreen trees, and a variety of plants.”

Over the years, respondents added new plants and trees, including oleanders, an evergreen tree, another tea tree, Mexican sage, lavender, rosemary, and a potato bush. Respondent Donetti testified that landscapers came weekly or every other week, and the landscapers spent 40 to 50 percent of their time in the easement area. In addition to hiring landscapers, respondents watered the landscaping every night for 45 minutes, although sometimes the irrigation system was turned off in the winter. During her testimony, respondent Donetti explained, “we've paid a lot of money to nurture it and grow it. It's beautiful. It has privacy. It's absolutely tied to our house value. It's our curb appeal.”

Appellants purchased 2515 Laguna Vista Drive in 2004. Appellant Greg Franc admitted he knew appellants were improving the landscaping in the easement area, including employing landscapers. He even admitted that the trees were “beautiful and provide a lot of color and [were] just all-around attractive.” From 2004 to August 2010, appellants and respondents lived in relative harmony, with no indication by appellants that they wished respondents to stop maintaining and improving the easement landscaping.

It was not until late 2010—approximately six years after appellants bought the property and two decades after the landscaping and other improvements began—that appellants first raised a concern about the landscaping and other improvements. Prior to that date, no one had ever objected.

In late September or early October 2010, without any notice, appellant Greg Franc cut the irrigation and electrical lines on both sides of the driveway. He cut not only the lines irrigating the landscaping on the easement, but also those irrigating respondents' own property. The water valve pumps leading to the irrigation lines were disassembled as well. As part of these proceedings, the trial court granted respondents' motion for preliminary injunction and the irrigation system was restored.

On October 13, 2010, appellants sent a letter through counsel demanding that respondents remove all the landscaping and supporting systems from the easement area within five days. In response, respondents filed this lawsuit on October 18, 2010. The second amended complaint (SAC), which was filed on February 21, 2012, is the operative complaint for our purposes. The SAC alleged claims for an irrevocable parol license and equitable easement, and sought declaratory and injunctive relief.¹

Following a bench trial and a on-site visit to the property, the court issued its statement of decision. While denying relief on the equitable easement cause of action, the court granted respondents' request for an irrevocable license, stating: “The Court finds by a preponderance of the evidence that [respondents] hold an irrevocable parol license for themselves and their successors-in-interest to maintain and improve landscaping, irrigation, and lighting within the 30' wide and 150' long easement.” This appeal followed.

III.DISCUSSION

A. Standard of Review

Appellants contend that all of the issues presented on appeal are matters of law and are governed by the de novo standard. However, as appellants acknowledge, the grant of an irrevocable license is “based in equity.” After the trial court has exercised its equitable powers, the appellate court reviews the judgment under the abuse of discretion standard. (Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749, 771 (Hirshfield ).) “Under that standard, we resolve all evidentiary conflicts in favor of the judgment and determine whether the trial court's decision ‘ “falls within the permissible range of options set by the legal criteria.” ’ [Citations.]” (Ibid. )

B. General Principles Governing the Grant of an Irrevocable License

Before we address the specific issues appellants raise on appeal, it is helpful to review the law governing the grant of an irrevocable license. “A license gives authority to a licensee to perform an act or acts on the property of another pursuant to the express or implied permission of the owner.” (6 Miller & Starr, Cal. Real Estate (3d ed. 2006) Easements, § 15:2, p. 15-10 (rel. 8/2006) (6 Miller & Starr).) “A licensor generally can revoke a license at any time without excuse or without consideration to the licensee. In addition, a conveyance of the property burdened with a license revokes the license....” (Id . at pp. 15-10 to 15-11, fns. omitted.)

However, a license may become irrevocable when a landowner knowingly permits another to repeatedly perform acts on his or her land, and the licensee, in reasonable reliance on the continuation of the license, has expended time and a substantial amount of money on improvements with the licensor's knowledge. Under such circumstances, it would be inequitable to terminate the...