On August 15, 2017, the Court of Appeal for the First District reversed a judgment against one of Kerr & Wagstaffe’s clients, remanding the action for entry of judgment for the firm’s client. The case involved whether an easement over a commercial lot in Burlingame, California was extinuguished by adverse possession after being blocked for over twenty years with a locked, six-foot tall chain-link fence. The appellate panel found that the trial court erred by focusing on the previous owner’s subjective intent when erecting the fence, rather than the objective fact that the fence blocked all use of the easement uninterruptedly for the statutory period. The ruling on the merits also automatically vacated a substantial attorney fee award. Ehsanipour v. Stephan, Nos. A148357, A149041, 2017 Cal. App. Unpub. LEXIS 5686 (Cal. Ct. App. Aug. 15, 2017). The appeal was handled by Kerr & Wagstaffe attorneys Michael von Loewenfeldt and Dan Veroff.
This victory marks the second time this year the firm has obtained reversal of a judgment against a client. The firm’s appellate practice is led by Michael von Loewenfeldt, who is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
The Court of Appeal’s opinion can be found here.
© 2017 Kerr & Wagstaffe LLP