Hensley v. San Diego Gas & Electric Co.

Annoyance and discomfort damages for trespass by defendant’s setting a wildfire that burned plaintiff’s home can include compensation for plaintiff’s emotional distress even though plaintiff was not present at the fire and suffered no physical injury.  A wildfire triggered by defendant’s negligence ravaged plaintiff’s home and lot.  This decision holds that plaintiff is entitled to…

Fulle v. Kanani

The Civil Code’s treble damage multiplier for trespass or other tortious injury to trees applies to damages awarded for annoyance and discomfort as well as compensation for the actual injury to the trees.  CCP 733 provides for treble actual damages for trespass or other tortious injury to trees.  Civ. Code 3346(a) provides for treble damages…