The contractor is liable if he cuts your trees without permission. Here’s what that means.
Why Is A Contractor Liable For Cutting Your Trees Without Permission In California?
Because what he did was trespass to timber. See CACI 2002. See too this blog post: What Is Trespass To Trees In California?
If you own the trees and the contractor “intentionally” entered your property and cut down the trees without your permission, the contractor committed a trespass to timber. “Intentionally” means the contractor didn’t accidentally enter into your property, like someone pushed him. It means he meant to be there, even if he mistakenly thought he had a right to be there. See CACI 2004.
It doesn’t matter if someone else hired the contractor. The contractor committed trespass to timber and is liable.
What If The Contractor Blames The Person Who Hired Him?
The contractor may argue that he only did what he was hired to do. The person who hired him may be your neighbor, HOA association, or a public entity. It shouldn’t matter. He remains liable. Consider CC § 2343, which states that an agent (the contractor) remains responsible to third parties (you), when “his acts are wrongful in their nature,” That’s the argument to make.
Also, look to see if the contractor has the proper license. He should have a C-49 – Tree and Palm Contractor license. One exception is if the job is under $1000. See Bus and Pro Code § 7048.Then you don’t need the license. Working without a license is a misdemeanor. See Bus and Pro Code § 7028.
A contractor working without a license may give rise to a negligence per se argument. See CACI 418 and Evidence Code § 669.
The person who hired him may be jointly liable. Consider CCP § 875. And don’t forget about the nondelegable duty doctrine. See CACI 3713. Here is a blog about it: What Is the Nondelegable Duty In California?
What Are The Damages If A Contractor Cuts My Trees In California
There are 2 categories to consider:
- If the trespass was willful and malicious trespass, then damages are up to 3x.
- If the trespass was casual or involuntary, then the damages are 2x. This is mandatory.
Look at CC § 3346 and CCP § 733. And here is a blog post about it: What Is the Value Of Damaged Trees In California? See too CACI 2002 and 2003.
The multiplier applies to the full measure of damages. That includes replacement cost, loss of aesthetics, shade, privacy, and arguably even annoyance and discomfort. See CACI 2031.
Questions? Contact Me for a free consultation.