“An action for trespass to land protects the possessor’s interest in exclusive possession of the land and is based on unlawful interference with that possession. Mere intentional entry upon land, without more, may constitute a trespass. The elements of a trespass claim are: ‘(1) the plaintiff’s ownership or control of the property; (2) the defendant’s intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant’s conduct was a substantial factor in causing the harm.'”
“The limitations period for a trespass action is generally three years. When the claim accrues depends on whether the trespass is ‘permanent’ or ‘continuing.'”
“Plaintiff is entitled to be compensated for all damages that have occurred or can with certainty be expected to occur. Plaintiff may seek to recover as damages: the value of the property’s use during the time it was wrongfully occupied [not more than five years before filing suit]; the reasonable cost of repair or restoration of the property to its original condition; and the costs of recovering possession.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
