Thompson
State v. Thompson
Opinion
Lead Opinion
Rouse, J.
The People of the State of California (hereafter “State”), as the owner of certain real property located in Mendocino County, brought this action for timber trespass against defendant Matt Thompson. The State alleged that defendant Thompson had wrongfully entered upon its property and had cut and removed timber valued at $1,000. The State sought to enjoin defendant from trespassing and also sought to recover treble damages in the amount of $3,000.
Defendant Thompson answered, denying the material allegations of the complaint. He also cross-complained against the State, A. J. Gray, Clover-dale Plywood Co. and Farley & Loetscher Manufacturing Co. (Cloverdale’s successor in interest). Thompson claimed ownership of real property adjacent to the State’s, and he alleged that cross-defendants had damaged his real property in the sum of $9,400 and had removed, damaged or destroyed timber valued at $102,543.50. Thompson sought to recover the actual damage to the real property, plus treble the timber damage, praying for a total award of $317,030.50.
The case was tried before a jury. The parties had jointly moved for a bifurcation of the issues pertaining to liability and damages,…