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Trespass Litigation Toolkit (CA)
Practical Law Toolkit w-040-7869 (Approx. 4 pages)
Trespass Litigation Toolkit (CA)
by Practical Law Commercial Litigation
| Maintained • California |
A Toolkit of resources to assist counsel with key aspects of litigating a trespass claim in California state court. This Toolkit includes state-specific resources discussing how to commence a trespass action and how to defend against a trespass claim, as well as national resources generally explaining trespass claims. It also includes resources that counsel may use to allege a trespass cause of action, respond to a complaint, or propound and respond to discovery.
A trespass is an unauthorized entry onto another's property that disrupts the property owner's exclusive possession of the property. A trespass may be either continuing or permanent. A trespass is:
- Continuing if the circumstances indicate:
- the unauthorized entry may be discontinued or abated; or
- the impact of the unauthorized entry may vary over time.
- Permanent if the circumstances indicate:
- the injury or change to the land is permanent; or
- abatement is impractical.
Whether the trespass is continuing or permanent affects when the statute of limitations begins to run and what damages are recoverable.
This Toolkit contains resources to assist counsel in understanding the different types of trespass claims. It also contains resources to assist counsel in asserting or defending against a trespass claim under California law, including resources to help counsel conduct discovery, bring a motion for summary judgment or summary adjudication, or prepare for trial.