7 Cal. App. 5th 1305
Cal. Ct. App.2017Background
- Neighbor dispute: Kanani hired workers who, without Fulle’s permission, cut limbs/branches of six mature trees on Fulle’s property, impairing shade, privacy, and aesthetics.
- Procedural posture: Jury found Kanani’s agent acted within scope and that Kanani acted willfully and maliciously; jury awarded economic and noneconomic damages (tree damage, repair costs, and $30,000 for past noneconomic loss).
- Post-verdict issue: Trial court applied enhanced damages under Civ. Code § 3346 (treble/double damages for timber trespass) to economic damages but declined to treble noneconomic damages for annoyance and discomfort.
- Legal question presented: Whether annoyance and discomfort damages flowing from injury to trees are subject to the statutory damage multiplier under Civ. Code § 3346 and Code Civ. Proc. § 733.
- Court of Appeal holding: Annoyance and discomfort damages are part of the compensable ‘‘detriment’’ and therefore may be doubled (as mandatory floor) and trebled (court discretion) under §§ 3346 and 733; judgment reversed and remanded for recalculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether annoyance and discomfort damages for tree injury are subject to the timber trespass damage multiplier (Civ. Code § 3346; Code Civ. Proc. § 733) | Fulle: “actual detriment” includes loss to person and property (per Civ. Code § 3282); multiplier should apply to both economic and noneconomic damages | Kanani: Statutes reference property/timber only; ‘‘actual detriment’’ should be limited to economic/property harm; trebling penal in nature and should be strictly construed | The court held annoyance and discomfort damages are compensable detriment for tree trespass and thus are subject to statutory doubling/trebling; treble discretionary for willful malicious conduct, double mandatory as floor |
Key Cases Cited
- Bruns v. E-Commerce Exchange, Inc., 51 Cal.4th 717 (2011) (standard rules of statutory interpretation)
- Kornoff v. Kingsburg Cotton Oil Co., 45 Cal.2d 265 (1955) (occupant may recover damages for annoyance and discomfort from trespass)
- Kelly v. CB&I Constructors, Inc., 179 Cal.App.4th 442 (2009) (annoyance and discomfort damages for destroyed trees recoverable by immediate personal possessor)
- Heninger v. Dunn, 101 Cal.App.3d 858 (1980) (measure of damages for injury to property includes restoration costs and other non-market measures)
- Salazar v. Matejcek, 245 Cal.App.4th 634 (2016) (timber trespass statutes permit doubling/trebling of full measure of compensable damages)
- Drewry v. Welch, 236 Cal.App.2d 159 (1965) (harmonizing § 733 and former § 3346; treble damages discretionary, double mandatory floor)
- Ostling v. Loring, 27 Cal.App.4th 1731 (1994) (discussing judicial discretion to impose treble damages for wilful and malicious trespass)