California Court of Appeal

In dispute arising out of alleged subsurface trespass resulting from the migration of waste water produced from oil production activities on land owned by defendant, judgment for plaintiff on most claims is reversed as to issue of benefits obtained and restoration damages, and denial of attorney fees, where: 1) the trespass is continuing in nature; 2) the evidence does not support the damage award, and the jury was not adequately instructed on how to calculate restoration damages; and 3) profits can be benefits obtained under Civil Code section 3334(b)(1) when linked to the trespass and plaintiff is entitled to attorney fees.

Appellate Information

• Decided 07/20/2007
• Published 07/20/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Ralph B. Wegis, Ralph B. Wegis, Bakersfield, and Michael J. Stump, for Plaintiff and Appellant.


• For Appellees:
  
• Munger, Tolles & Olson, Stephen M. Kristovich, Patrick J. Cafferty, Jr., San Francisco, and Michael R. Barsa;  Clifford & Brown, Patrick J. Osborn, Bakersfield, for Defendant and Appellant and for Defendant and Respondent.