Miser v. Stureman CA3, C100172

The case involves a dispute over use of "Sand Pit Road," a gravel road that crosses the Sturemams' property in Shasta County, California, providing access to properties in the Taylor Subdivision.
Plaintiffs (Miser, as trustee, and other property owners in Taylor Subdivision) had used Sand Pit Road for decades to access their homes; defendants (Marc and LouAnn Stureman) blocked the road after purchasing and remodeling the property in 2017-2019.
Defendants argued that plaintiffs had no right to use Sand Pit Road, pointing to a recorded Civil Code section 813 notice ("affidavit of posting") intended to defeat any claim for a prescriptive easement.
Trial court granted summary adjudication against plaintiffs' prescriptive easement claim but allowed the case to proceed on the theory of irrevocable license, equitable easement, and nuisance.
After a bench trial, the trial court found plaintiffs had an irrevocable license to use Sand Pit Road based on decades of tacit permission and detrimental reliance, and awarded nominal nuisance damages; defendants appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Implied Permission for License	Use was openly permitted or acquiesced in for decades, indicating implied permission	Plaintiffs admitted no express permission; long-standing use does not equal permission	Substantial evidence supported finding of implied permission
Effect of Civil Code §813/Posting Notice	Affidavit only defeats prescriptive easement, not license based on permission	Recorded notice bars acquisition of any right, including irrevocable license	Section 813 defeats only prescriptive easement, not irrevocable license
Plaintiffs' Admissions Regarding Permission	Admissions refer only to lack of express permission; implied permission is separate	Plaintiffs admitted use was not "by permission," barring any license	Admissions did not foreclose finding of implied permission
Presence of Alternative Access (Paved Road)	Plaintiffs had no right to use paved road; only used (and relied on) Sand Pit Road	Paved road provides alternate access, making license for Sand Pit Road unreasonable	No evidence plaintiffs had right to use paved road; judgment stands

Shoen v. Zacarias, 33 Cal.App.5th 1112 (Cal. Ct. App. 2019) (sets forth elements of irrevocable license and standard of review)
Richardson v. Franc, 233 Cal.App.4th 744 (Cal. Ct. App. 2015) (clarifies law on express/implied licenses and their irrevocability)
Stoner v. Zucker, 148 Cal. 516 (Cal. 1906) (addressing when an otherwise revocable license becomes irrevocable)
Cooke v. Ramponi, 38 Cal.2d 282 (Cal. 1952) (establishing detrimental reliance as basis for irrevocable license)