California Court of Appeal

In plaintiffs' suit against their neighbors for "wrongful cutting and removal of timber," trespass, and negligence, trial court's award of over $100,000 in damages to plaintiffs is affirmed where: 1) the trial court did not err by declining to reduce damages, as in fashioning its award, the trial court could and did appropriately consider the tree's unique characteristics and the great personal value it had to plaintiffs; and 2) the trial court properly doubled the amount of assessed damaged pursuant to Civil Code section 3346(a), which applies in cases of injury to trees.

Appellate Information

• Decided 08/29/2012
• Published 08/29/2012

Judges

Court

• California Court of Appeal

Counsel