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REAL PROPERTY, Easement

SETTLEMENT RESULT: Defendant agreed to allow Plaintiffs to submit a modification plan to Defendant’s proposed driveway, prepared by a licensed professional. Defendant agreed to support the modification plan, and to allow construction in accordance with the proposal once it was approved by the Town of Tiburon. Defendant agreed to split in half the cost of permit applications and processes, construction work, and work on Plaintiffs’ drainage pipe with the Plaintiffs, up to $10,000. Mediator was Gary T. Ragghianti, Esq.

CASE: Merton and June Lawwill v. The Roman Catholic Archbishop of San Francisco, Inc., a California Corporation, Daniel E. Cohn, Annette C. Goggio, and any and all persons unknown claiming any legal interest, estate, right or lien described adverse to plaintiffs', or any cloud on plaintiffs' title, Case No. CV 086356

SETTLEMENT DATE: August 11, 2010

ATTORNEYS:Plaintiffs- Barri Kaplan Bonapart (Bonapart & Associates, Sausalito)
Defendants- Jonathan R. Bass (Coblentz, Patch, Duffy & Bass, LLP, San Francisco)

EXPERTS: Linda Carruthers, surveyor, Linda Carutthers & Associates, Sausalito

FACTS & CONTENTIONS: Plaintiffs owned a home in Tiburon since 1970 and have maintained a driveway since that time. They also have an easement for access and utility purposes shared with others, including the Roman Catholic Church, which acquired the easement by necessity through a court action in 2008. Defendants began to encroach upon Plaintiffs’ use of the easement itself. Plaintiffs brought an action to quiet title, for slander of title, tortious interference with contractual relations, unjust enrichment, and declaratory and injunctive relief.

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