Bailey

This is an appeal by plaintiff and appellant, Gary Bailey (Bailey), from the judgment entered on November 29, 2005, in his favor and against defendants and respondents, Outdoor Media Group (OMG), Jon M. Gunderson, and Lamar Advertising Company (Lamar), following a court trial on Bailey’s complaint for, among other things, damages based on trespass, wrongful occupation of land, and a common count for money had and received. The trial court awarded Bailey compensatory damages of $108,069 against OMG and Jon M. Gunderson, its principal, and an additional $86,131 against Lamar, on the noted causes of action. Bailey challenges the damage awards, contending that the trial court did not apply the correct statutory measure of damages with respect to Lamar, and failed to correctly calculate damages with respect to OMG. We agree with Bailey’s claim regarding Lamar, for reasons we now explain, and therefore we will modify the judgment accordingly.

FACTUAL AND PROCEDURAL BACKGROUND

Bailey sued OMG and Lamar, both of which are billboard advertising companies, to recover damages for trespass and wrongful occupation of a strip of land in the City of Grand Terrace that Bailey had…