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Trespass

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A trial court did not abuse its discretion in awarding statutory attorney fees to plaintiff after she prevailed in a trespass action; despite a small damage award, the plaintiff won important equitable relief enforcing her property rights against a defendant. Read More

Annoyance and discomfort damages for trespass by defendant’s setting a wildfire that burned plaintiff’s home can include compensation for plaintiff’s emotional distress even though plaintiff was not present at the fire and suffered no physical injury.  Read More

The Civil Code’s treble damage multiplier for trespass or other tortious injury to trees applies to damages awarded for annoyance and discomfort as well as compensation for the actual injury to the trees Read More