Cut Down A Tree And It Won’t Be Free.

An old Aleppo pine tree, originally on one side of a property line, straddled the line as it grew to be 70 feet high. Workers were hired to cut down the tree top on one of the properties because the owners were concerned it might topple and cause damage. Instead of cutting down just one side, however, they cut down the whole top, leaving a large stump in the ground. The other neighbor sued for “wrongful cutting and removal of timber,” trespass and negligence. The trial court awarded $53,628.31 in damages, which it doubled pursuant to Civil Code § 3346 (a), for a total judgment of $107,256.62. On appeal, the defendant argued the tree was on both sides and the damages should be reduced accordingly. They also contended the trial court could only award double damages for the cost of the tree. The appellate court found no error and affirmed the judgment. Kallis v. Sones  (Cal. App. Second Dist., Div. 2; August 29, 2012) (Case No. B228912).