Dietrich Int'l Truck Sales, Inc. v. J.S. & J. Servs., Inc.
California Court of Appeal
5 Cal. Rptr. 2d 288 (Ct. App.), review denied (1992)
Dietrich International Truck Sales, Inc. (Dietrich) (plaintiff) is a truck sales and repair business located next to Terminal Station, a truck stop. Terminal holds a 49-year lease on its premises that runs until 2005. Its landlord is named Brown (defendant). Since Dietrich began operations in 1967, it has needed to drive large trucks over part of the Terminal property in order to get them to its service bays. Dietrich therefore claims an easement for access over that part of the property. In 1988, environmental regulations required Terminal to install new storage tanks. Terminal’s environmental engineers recommended installing tanks in a way that would require putting up a barrier in the easement claimed by Dietrich. Dietrich brought an action to quiet title to its easement for access. The trial court held that Dietrich had a prescriptive easement against both Terminal and against Brown. Both Terminal and Brown appealed. Brown argued that because he was not in possession of the property until 2005, he was not legally able to prevent Dietrich from occupying the property and thus that no prescriptive easement could be obtained against him.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.