Veiseh

*1101 This appeal addresses standing to bring a cause of action for trespass to realty. Generally, the tort of trespass protects possessory interests and, therefore, a person in actual possession of the land may sue for trespass. Ownership or recorded title to land is not required. Some California decisions state the plaintiff's possession must be "lawful." This opinion addresses an issue of first impression about what constitutes "lawful possession."

Plaintiff Reza Veiseh transferred the real property in question to a custodian for the benefit of his minor daughter pursuant to the California Uniform Transfers to Minors Act ( Prob. Code, §§ 3900 - 3925 ). The act requires the property to be held for the use and benefit of the minor. Veiseh did not comply with this requirement. Instead, he maintained possession and control of the real property for his own use and benefit, rather than the use and *1102 benefit of his daughter. The defendants argued Veiseh's failure to comply with the California Uniform Transfers to Minors Act meant his possession was unlawful. The trial court agreed. After a bench trial on the bifurcated issue of standing, the court found Veiseh's actions were not…