California Court of Appeal

In a real property encroachment case in which the court awarded damages associated with defendant's encroachment on a neighboring parcel of rural property owned by plaintiffs plus treble damages for defendant's removal of timber and issued a mandatory injunction requiring defendant to restore plaintiffs' land, the trial court's judgment is affirmed where:1) plaintiffs pleaded a cause of action for injunctive relief; 2) there was no error in the election of remedies; 3) the court properly excluded plaintiffs' evidence of a contractor's estimate for soil remediation; and 4) denial of plaintiffs' request for attorney fees.

Appellate Information

• Published 2016/03/10

Judges

• DONDERO

Court

• California Court of Appeal

Counsel