California Court of Appeal

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HARRISON v. WELCH, C044320

An action seeking to enjoin a permanent encroachment is properly characterized as an action for the recovery of real property subject to the five-year limitation period in Code of Civil Procedure sections 318 and 321, rather than as an action for trespass subject to the three-year limitation period in section 338(b).

Appellate Information

  • Decided 03/12/2004
  • Published 03/12/2004

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Kirsher, Winston & Boston and Robert D. Winston, Modesto, for Defendant, Cross-complainant and Appellant., William L. Anderson, Stockton, for Plaintiffs, Cross-defendants and Respondents.
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