Statute Did Not Talk About Fees.
Civil Code section 3334, subdivision (a) provides, in part: “The detriment caused by the wrongful occupation of real property . . . is deemed to include the value of the use of the property for the time of that wrongful occupation . . . and the costs, if any, of recovering the possession.” In Salazar v. Matejcek, Case No. A144106 (1st Dist., Div. 1 Mar. 10, 2016) (partially published; fee discussion not published), plaintiffs won a rural encroachment suit, garnering a total judgment of $262,987. Plaintiffs also moved to recover $80,030 in attorney’s fees under section 3334(a), but the trial court denied the request. The appellate court agreed with this result, determining that only out-of-pocket costs rather than fees were covered by the statutory provision.