Kallis v. Sones
146 Cal. Rptr. 3d 419
Cal. Ct. App.2012Background
- Line tree straddled the property line between the Kallises and Soneses; both parties own coterminous lots in Los Angeles.
- In 2008, Soneses cut down the tree at issue, cutting both trunk portions, leaving a large stump.
- Post-cut, a survey showed 41% of the stump on the Kallises’ land and 59% on the Soneses’ land.
- Plaintiffs sued for wrongful cutting, trespass, and negligence; damages issues proceeded to bench trial.
- Trial court awarded $53,628.31 in damages (before doubling); after Civil Code 3346(a) doubling, total was $107,256.62.
- Court allowed restoration damages based on the tree’s personal value and likelihood plaintiffs would restore a similar tree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether damages should be reduced for partial trunk ownership | Soneses argue proportional reduction based on trunk on Kallises’ land. | Soneses contend damages must reflect proportionate trunk ownership. | No reduction; court could consider personal value and restoration. |
| Whether double damages apply to full damages including installation/aftercare | Double damages apply only to tree value, not installation/aftercare. | Double damages should extend to full measured detriment including installation/aftercare. | Full amount (including installation/aftercare) was properly doubled. |
Key Cases Cited
- Scarborough v. Woodill, 7 Cal.App.3d 39 (Cal. Ct. App. 1907) (line trees belong to owners in common; cannot cut shared portion)
- Heninger v. Dunn, 101 Cal.App.3d 858 (Cal. Ct. App. 1980) (restoration/value measures for tree damages; extensive discussion)
- Toscano v. Greene Music, 124 Cal.App.4th 685 (Cal. Ct. App. 2004) (discretion in determining damages amount in restoration context)
- SCI California Funeral Services, Inc. v. Five Bridges Foundation, 203 Cal.App.4th 549 (Cal. Ct. App. 2012) (discretion in choosing measure of damages for complex cases)
- GHK Associates v. Mayer Group, Inc., 224 Cal.App.3d 856 (Cal. Ct. App. 1990) (business damages; multiple permissible measures of damages)
- Happy Bunch, LLC v. Grandview North, LLC, 173 P.3d 959 (Wash. Ct. App. 2007) (measure of damages for trees on property line; proportional trunk method discussed)