(a)For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in any action brought under this section had probable cause to believe that the land on which the trespass was committed was his own or the land of the person in whose service or by whose direction the act was done, the measure of damages shall be twice the sum as would compensate for the actual detriment, and excepting further that where the wood was taken by the authority of
highway officers for the purpose of repairing a public highway or bridge upon the land or adjoining it, in which case judgment shall only be given in a sum equal to the actual detriment.
(b)The measure of damages to be assessed against a defendant for any trespass committed while acting in reliance upon a survey of boundary lines which improperly fixes the location of a boundary line, shall be the actual detriment incurred if both of the following conditions exist:
(1)The trespass was committed by a defendant who either himself procured, or whose principal, lessor, or immediate predecessor in title procured the survey to be made; and
(2)The survey was made by a person licensed under the laws of this State to practice land surveying.
(c)Any action
for the damages specified by subdivisions (a) and (b) of this section must be commenced within five years from the date of the trespass.
Notes of Decisions
Cited in
32
cases (
6 in the last 5 years), 1957–2026 · leading case:
Hale v. Morgan, 584 P.2d 512 (Cal. 1978).
Hale v. Morgan, 584 P.2d 512 (Cal. 1978).
· cites it 2× “Code, § 7951), or by one who suffers "wrongful" injury to his timber (Civ. Code, § 3346 [double damages if the injury is "casual and involuntary"]).”
Kelly v. Cb&i Constructors, Inc., 179 Cal. App. 4th 442 (Cal. Ct. App. 2009).
· cites it 2× “Defendant also moved for judgment notwithstanding the verdict, arguing that (1) plaintiff was not entitled to recover annoyance and discomfort damages because he did not occupy the property at the time of the fire, and (2) Civil Code section 3346 did not apply to fire damage, so…”
Broughton Lumber Co. v. BNSF Ry. Co., 278 P.3d 173 (Wash. 2012).
· cites it 2× “” Cal. Civ. Code § 3346 (a). Oregon’s statute contains a separate clause imposing liability for willfully injuring trees.”
Salazar v. Matejcek, 245 Cal. App. 4th 634 (Cal. Ct. App. 2016).
· cites it 2× “] [Civil Code section 3346 and Code of Civil Procedure section 733] are permissive and not mandatory and while they “prescribe the degree of penalty to be invoked they commit to the sound discretion of the trial court the facts and circumstances under which it shall be invoked.”
Scholes v. Lambirth Trucking Co., 10 Cal. App. 5th 590 (Cal. Ct. App. 2017).
“” Civil Code section 3346, subdivision (c) states: “Any action for the damages specified by subdivisions (a) and (b) of this section must be commenced within five years from the date of trespass.”
Rony v. Costa, 210 Cal. App. 4th 746 (Cal. Ct. App. 2012).
“Civil Code section 3346, subdivision (a) provides: “For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was…”
Hill v. Superior Court, 244 Cal. App. 4th 1281 (Cal. Ct. App. 2016).
“) We perceive no meaningful difference between the language used in section 859, and the language in former section 116.”
Heninger v. Dunn, 101 Cal. App. 3d 858 (Cal. Ct. App. 1980).
“) 3 Civil Code section 3346: “(a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or…”
Kallis v. Sones, 208 Cal. App. 4th 1274 (Cal. Ct. App. 2012).
· cites it 2× “” (Civ. Code, § 3346, subd. (a).) There is no single fixed and inflexible rule for determining the measure of damages for injury to trees.”
Elton v. Anheuser-Busch Beverage Grp., Inc., 96 Cal. Daily Op. Serv. 8424 (Cal. Ct. App. 1996).
“) Civil Code section 3346, subdivision (a), provides for the recovery of double damages for a “casual or involuntary” trespass by which timber is wrongfully injured, but the trial court refused to award other than actual damages.”
Hassoldt v. Patrick Media Grp., Inc., 2000 Cal. Daily Op. Serv. 8415 (Cal. Ct. App. 2000).
“13 Civil Code section 3346 provides in pertinent part: “For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment.”
Baker v. Ramirez, 190 Cal. App. 3d 1123 (Cal. Ct. App. 1987).
“Civil Code section 3346, subdivision (a) provides that “[f]or wrongful injuries to .”
— Cal. Civil Code § 3346(a) — 3 cases
Broughton Lumber Co. v. BNSF Ry. Co., 278 P.3d 173 (Wash. 2012).
“” Cal. Civ. Code § 3346 (a). Oregon’s statute contains a separate clause imposing liability for willfully injuring trees.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.