Articles

Disgorgement Damages for Trespass under California Civil Code § 3334

The previous article in this series discussed how California cases treated trespass claims seeking ]disgorgement and restitution before the legislature enacted  Civil Code § 3334 in 1992. To recap: There was the 1960 “dirt case” of Don v. Trogan Construction, where the court awarded “fair rental value” against trespassers, even though the vacant lot had […]

Kochan on Pokemon Go, Trespass, and Law’s Limitations

Associate Dean Donald J. Kochan at Chapman University Fowler School of Law has a new article up titled Playing with Real Property Inside Augmented Reality: Pokemon Go, Trespass, and Law’s Limitations. The article is available at SSRN. A taste: This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts […]

How to Get Big Trespass Damages in Disgorgement under California Civil Code § 3334

—Do you have a pipeline running through your property? —What about a power line? Or water line? —Maybe a neighboring business is encroaching your property line? Or its customers are parking on your property? These and many other forms of trespass might also fall under California’s restitutionary statute Civil Code § 3334, which disgorges trespassers […]

Wildlife Smells Are No Public Nuisance, Says Court of Appeal

Residents and business owners near the lovely La Jolla Cove were disappointed to receive the Court of Appeal’s decision this month in Citizens for Odor Nuisance Abatement v. City of San Diego, 2017 WL 526503, holding the city was not responsible in public-nuisance theory for the surge in the local sea-lion population, and all their offensive, […]

Yes, You Absolutely Can Sue Pokemon for Trespass – And If You Get the Chance, You Absolutely Should

By Tim Kowal The makers of the app Pokemon Go earned a staggering 500 million downloads in 2016 by making certain landowners’ property part of its popular “pocket monster” game. A collaboration between game giant Nintendo and newcomer Niantic, this boundaries-no-object global scavenger hunt is estimated to have earned just under a billion dollars in […]