Buchalter represented a landowner in a property easement dispute. A complaint was filed in the Napa Superior Court to enforce the property owner’s rights. After a series of demurrers, which resulted in the dismissal of the action in the trial court, Shareholder James Rose, Senior Counsel Katharine Falace and Of Counsel Robert Dato filed an appeal to the First Appellate District. On January 4, 2018, in a unanimous published decision, the California Court of Appeal reversed the trial court and found that the client could maintain her causes of action for nuisance and prescriptive easement. In addition to reversing the trial court’s judgment, the Court of Appeal also reversed the attorney fee award.
