California Court of Appeal

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Fulle v. Kanani, 271240

In a dispute between neighbors involving the cutting of trees, alleging trespass and negligence and seeking damages for injury to the trees, restoration costs, and damages for annoyance, discomfort and enhanced damages under Civil Code section 3346(a), which provides trial courts with discretion to treble damages to compensate for the actual detriment for wrongful injuries to timber, trees, or underwood upon the land of another, the trial court's judgment limiting plaintiff's damages is reversed where: 1) there is no such limitation in section 3346 or the plain language of California's other applicable timber trespass statute, Code Civ. Proc. section 733; 2) there is no indication that the Legislature intended to limit the availability of annoyance and discomfort damages under these statutes; and thus 3) annoyance and discomfort damages are subject to the statutory damage multiplier for trespass to timber.

Appellate Information

  • Decided
  • Published 2017/01/31

Judges

  • EPSTEIN

Court

  • California Court of Appeal

Counsel

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