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In a dispute between owners of neighboring parcels involving the use of a roadway, trial court judgment is affirmed in part, reversed in part, and remanded where: 1) the trial court balanced all the hardships and acted within its discretion in denying the injunction; 2) the court did not err in failing to award damages; 3) the court's decision is remanded so that the trial court can clarify their judgment with regard to the width of the easement and roadway; 4) the court's erred in granting judgment against plaintiff on their second cause of action to quiet title; and 5) the trial court properly held that that the Bjorklunds' Code of Civil Procedure section 998 offer is valid.
SECOND APPELLATE DISTRICT, DIVISION SIX
Filed June 24, 2009
Before: GILBERT, P.J., YEGAN, J., PERREN, J.
Opinion by GILBERT, J.