Pear v. City and County of San Francisco (No. H045045, Court of Appeals of California, Sixth District. Filed July 28, 2021.)
The Pear case involves a very high traffic area in Mountain View, California—namely the Target shopping center area off El Camino and near San Antonio. Of particular interest, the Pear opinion goes on at some length to parse out what uses are available to the Pear family, who hold the easement rights as the dominant tenement.
HOLDING: The Sixth District Court of Appeals found that the Pear’s easement over the land did not give them the right to have a parking lot for their commercial tenant, Target. The access language did give them the right to have customers drive over and across and (incidentally park) upon the Wheel Works auto bays.