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Trespass

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Casillas v. Berkshire Hathaway Homestate Ins. Co., No. B302442, 2022 Cal. App. LEXIS 509 (Ct. App. June 10, 2022)

Plaintiffs failed to allege a viable claim of trespass to chattels against defendants whom they alleged accessed and copied, without authority, computer files containing private legal and medical information about them and other workers compensation plaintiffs.  Under Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, a trespass to chattels claim cannot be stated for computer hacking (either sending or copying… Read More

Johnson v. Little Rock Ranch, No. F078173, 2022 Cal. App. LEXIS 3 (Ct. App. Jan. 3, 2022)

Defendant bought the property adjacent to plaintiff's property and improved the purchased property with a drip-irrigated walnut orchard.  A strip of land on defendant's side of the fence between the two properties was actually plaintiff's property.  After defendant completed the orchard improvements, plaintiff sued for trespass on that strip of land and sought an injunction requiring defendant to restore the… Read More

Hoffman v. Superior Ready-Mix Concrete, L.P.

by Jan T. Chilton |

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

Hensley v. San Diego Gas & Electric Co.

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

Fulle v. Kanani

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