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 […]

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 […]