Judge: Elaine W. Mandel, Case: SC126958, Date: 2023-01-23 Tentative Ruling
Case Number: SC126958 Hearing Date: January 23, 2023 Dept: P
Tentative Ruling
Houck v. Barber et
al., Case No. SC126958
Hearing Date January
23, 2023
Defendant Barber’s
Motion for Judgment on the Pleadings/Trespass to Timber (UNOPPOSED)
Houck alleges his
neighbor Barber trespassed onto a disputed area between their homes in Bel Air and
improperly trimmed trees. On March 25, 2022 the court denied Barber’s motion
for judgment on the pleadings as to Houck’s causes of action alleging trespass
to timber, on the grounds that Houck’s cause of action for adverse possession
had not yet been adjudicated. 3/25/2022 minute order, pg. 2.
On September 22,
2022 during court trial, the court granted Barber’s motion for nonsuit as to
the cause of action for adverse possession. At the conclusion of trial, the
court ruled Barber owns the disputed area. Barber renews his motion for
judgment on the pleadings as to trespass to timber. Houck filed no opposition.
A defendant is
entitled to judgment on the pleadings if the complaint fails to state facts
sufficient to constitute a cause of action against the defendant. Cal. Code of
Civ. Proc. §§438 (b), (c). Under Cal. Code of Civ. Proc. §§ 733 and 3346,
anyone who cuts down or carries off wood “on the land of another person” can be
liable for trespass to timber. In Scholes v. Lambirth Trucking Co. (2020)
8 Cal.5th 1094, the Court held these statutes require an intentional
crossing of boundary lines into the land of another. Id. 1110.
In the March 25, 2022
motion for judgment on the pleadings, Barber argued the trespass to timber claim
must be dismissed because Houck did not own the disputed area, so there was no
intentional crossing of boundary lines when the trees were cut. The court
denied that motion on the ground that at trial Houck could be adjudicated owner
of the disputed area. At trial, the court found Houck did not become owner of
the disputed area. There is no basis for his trespass to timber claim. GRANTED.
DUE TO THE ONGOING
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