California Civil Jury Instructions (CACI) (2017)

3903I. Damage to Perennial Crop (Economic Damage)

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3903I.Damage to Perennial Crop (Economic Damage)
[Insert number, e.g., “9.”]The harm to [name of plaintiff]’s crop.
[Damages for destruction of [describe perennial crop] are determined as
follows. For the time period from the destruction of the crop until the
crop can be restored you must:
1. Determine the rental value of the land with the crop; and
2. Subtract from this amount the rental value of the land without
the crop.]
[Damages for destruction of [describe perennial crop], which can be
harvested and sold, are determined as follows:
1. Determine the expected market value of the crop before the
harm occurred; and
2. Subtract from this amount the estimated costs of producing and
marketing the crop, excluding costs that have already been paid
by [name of plaintiff].]
[If the [plants/roots/seeds] responsible for producing the crop are
destroyed, the measure of damages may also include the costs of
[reseeding/replanting].]
New September 2003
Directions for Use
If the plaintiff claims damages for multiple crops, damages must be calculated for
each crop that would have been produced until the land was restored.
Sources and Authority
• “They rely on the distinction drawn between the wrongful destruction of
perennial crops, such as volunteer grass for grazing purposes, and annually
planted crops. Thus, in the former case the proper measure of damages is the
difference in the rental value of the property with and without the crops, while
in the latter case the proper measure of damages is the market value of the
estimated product at the time of destruction, less the cost of producing and
marketing the same.” (Wolfsen v. Hathaway (1948) 32 Cal.2d 632, 644 [198
P.2d 1], overruled on other grounds in Flores v. Arroyo (1961) 56 Cal.2d 492,
497 [15 Cal.Rptr. 87, 364 P.2d 263].)
• “Where the roots of the grass in a pasture have been destroyed by water or fir
so as to prevent the matured stocks from automatically reseeding the field the
measure of damages includes not only the rental value of the pasture, but also
the additional cost of reseeding the field. (Miller & Lux, Inc. v. Pinelli (1927)
84 Cal.App. 42, 49 [257 P. 573].)
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• “Upon the foregoing authorities, and upon good reason, we conclude that the
measure of damages for the appropriation or destruction of pasturage, which is
used for grazing purposes, where the grass cannot be reasonably severed and
marketed separate from the land, is the reasonable rental value thereof in that
vicinity for pasture purposes.” (Miller & Lux, Inc., supra, 84 Cal.App. at p. 51.)
• “The measure of damages for the destruction of or injury to fruit, nut, or other
productive trees is generally the difference in the value of the land before and
after the destruction or injury. Damages may be additionally measured by the
value of the trees on the premises in their growing state. Some courts have also
awarded damages for the resulting crop loss. Where annual crops are damaged
each year for several years, a grower may recover for loss of the crops during
those years, the increased labor in the care of the land, and damages for injury
to the trees themselves. [¶] More recently, the measure of damages for the
destruction of fruit trees has included the costs of replacing the trees or
restoring the property to its condition prior to the injury. In Baker v. Ramirez,
the court held that the cost of restoring an orange grove was the most
appropriate measure of damages, where there was no impediment to replacing
the orange trees and it was reasonable to replace the trees because only a small
portion of the grove was damaged. The court noted that the difference between
the value of the property before and after the injury was only one possible
measure of damages.” (Santa Barbara Pistachio Ranch v. Chowchilla Water
Dist. (2001) 88 Cal.App.4th 439, 447 [105 Cal.Rptr.2d 856, 861], internal
citations omitted.)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1735
California Real Property Remedies Practice (Cont.Ed.Bar) Damages for Injury to
Real Property, § 11.14
4 Levy et al., California Torts, Ch. 52, Medical Expenses and Economic Loss,
§ 52.34[1] (Matthew Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew
Bender)
6 California Points and Authorities, Ch. 64, Damages: Tort (Matthew Bender)
1 California Civil Practice: Torts, § 5:19 (Thomson Reuters)
DAMAGES CACI No. 3903I
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