Facts

Plaintiffs own land outside of Morgan Hill, CA. A row of redwood trees grows on their land near a public road and utility lines. Defendant - PG & E - trimmed the tops off 9 redwood trees which plaintiffs contended damaged their value and appearance.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant trimmed trees that were close to the easement, but actually outside of it by several feet. Plaintiffs further contended that the trimming was a trespass that caused damages to the 9 redwood trees. Civil Code 3346 provides for double and triple damages for injuries to trees

DEFENDANT'S CONTENTIONS:
Defendant maintained the trees were within its easement due to prescriptive easement rights.

Damages

The arborist for the plaintiff believed that 2 trees were damaged beyond repair and the other 7 could be repaired through trimming. Damages for loss of value and repairs were $25,000.

Result

The lawsuit settled for $75,000 at the settlement conference.

Other Information

Mr. Brian O'Grady was the volunteer settlement Pro Tem judge. FILING DATE: Jan. 12, 2008.