Trending...
- Record Entries Coming in for 19th Annual FCG International — Over 400 Players Now Registered - 740
- Dogma Studios presents Looksmaxxing, starring Sunny Suljic and Jerry Habibi
- CCHR Says New OIG Report Raises Concerns about Drugging Elderly with Antipsychotics
Appellate Court agreed that the defendants did not receive permission from the Country Club's principal owner to relandscape and build on the easement.
MONTECITO, Calif. - Californer -- The Second Appellate District Court of Appeal affirmed a lower court's decision that property owners adjacent to Montecito Country Club must remove hardscaping and landscaping they installed without permission on an easement owned by the Country Club and restore the property to its previous condition. (Montecito Country Club, LLC vs. Kevin C. Root, et. al., 2nd Civ. No B341762, March 6, 2026.)
The Appellate Court agreed that the defendants, Kevin and Jeannette Root, did not receive permission from the Country Club's principal owner, Ty Warner, to relandscape and build on the easement.
"The decision is important not just for the equity served in this particular case, but also because the Court opined on the split of authority on the standard of proof required to establish a prescriptive easement, and found that the correct standard is preponderance of the evidence," says Leila Noël, partner with Cappello & Noël LLP, the firm representing Montecito Country Club. Co-counsel was firm associate Richard Lloyd.
More on The Californer
According to Noël, the homeowners disregarded the warnings that they could not alter or build on the easement, but the Roots did so anyway. They removed an existing hedgerow and landscaping, installed a new hedge on the property line, and installed a fence and retaining wall backfilled with large amounts of soil near the property line, all of which prevented the Club from accessing its easement area.
"The defendants now have lost twice in court," says Noël. "It's time for them to remove the encroaching hardscaping and landscaping, and restore the property to its previous condition."
To read the ruling, click here (https://cappellonoel.com/wp-content/uploads/2026/03/Montecito-Appeals-Ruling.pdf).
The Appellate Court agreed that the defendants, Kevin and Jeannette Root, did not receive permission from the Country Club's principal owner, Ty Warner, to relandscape and build on the easement.
"The decision is important not just for the equity served in this particular case, but also because the Court opined on the split of authority on the standard of proof required to establish a prescriptive easement, and found that the correct standard is preponderance of the evidence," says Leila Noël, partner with Cappello & Noël LLP, the firm representing Montecito Country Club. Co-counsel was firm associate Richard Lloyd.
More on The Californer
- City of Long Beach Begins Major Improvements at Davies Boat Launch Facility
- Karen D. Gentry Announces New Book Focused on Relationships and Personal Growth
- SYOKAMI Launches Mother's Day Limited-Time Deal on Best-Selling Steak Knife Set
- Connect Spotlights ReefHaven Ventures as Emerging Fund Backing San Diego Health Innovation
- United Hotel Supply Disrupts USA Hospitality Market with Wholesale Flooring for 2026 Renovations
According to Noël, the homeowners disregarded the warnings that they could not alter or build on the easement, but the Roots did so anyway. They removed an existing hedgerow and landscaping, installed a new hedge on the property line, and installed a fence and retaining wall backfilled with large amounts of soil near the property line, all of which prevented the Club from accessing its easement area.
"The defendants now have lost twice in court," says Noël. "It's time for them to remove the encroaching hardscaping and landscaping, and restore the property to its previous condition."
To read the ruling, click here (https://cappellonoel.com/wp-content/uploads/2026/03/Montecito-Appeals-Ruling.pdf).
Source: Cappello & Noël LLP
Filed Under: Legal
0 Comments
Latest on The Californer
- ATOMS AI Launches Adrian: AI Ads Agent That Automates Google Campaigns from Creation to Conversion
- Food Journal Magazine Unveils Its Latest 'Best of Los Angeles' Culinary Discoveries
- Boston Industrial Solutions Launches Natron® 717S Series: A New Flexible UV LED Ink for Ricoh GH2220 Printheads
- California's servicemembers seize $11.4 million in deadly fentanyl so far this year
- TFC take-back project advances in California: 30,525 lbs of footwear now with circular innovators
- Long Beach Public Works to Host Community Meeting on 10th Street Greenbelt Project
- California expands mobile driver's license to Samsung Wallet, continuing DMV's digital transformation
- Long Beach Youth Poets Take the Stage: 2026 Youth Poet Laureate Finals Set for May 16
- California: First Partner Jennifer Siebel Newsom highlights new program preparing CSU Northridge students for careers and entrepreneurship
- California: La Primera Pareja Jennifer Siebel Newsom destaca nuevo programa que prepara a estudiantes de CSU Northridge para carreras profesionales y el emprendimiento
- 5 Things NYC Courier Services Won't Tell You About How Same-Day Delivery Actually Works
- Tropidelic Links Up With International Reggae Star Collie Buddz and Eli Mac for Feel-Good Breakthrough Single "Follow Your Nature"
- Save 15 Percent on Florida Keys Accommodations with KeysCaribbean's 'Advance Purchase Rate Discount'
- California: Governor Newsom celebrates National Apprenticeship Week, highlighting pathways connecting workers to good jobs
- City of Oxnard Police Department Deploys Starlink-Enabled Mobile Command Connectivity with RadioMobile
- Atelier 411 Studios and Columbus Fashion Council Present Red Carpet Experience at Gateway Film Center for The Devil Wears Prada 2
- Explore San Francisco's Fascinating Cultural & Physical History in "Lost Treasures of San Francisco"
- Why Your CTA Is Fighting the Human Brain — And Losing
- OFMOS® Essential — The Game That Gives Educators and L&D Professionals a Tool AI Can't Replace
- Hazel E Celebrates Birthday with Luxury "Goddess" Yacht Experience in Marina del Rey