California Court of Appeal

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.