Verizon Trespassed and damaged yard

[garnetpeak]

What is the name of your state? California

On March 16th I returned home to find my newly landscaped yard dug up by Verizon. The new neighbors next door were having fiber optic equipment installed and it somehow needed to be put in on our side yard. I have documented every call to verizon. They admit they caused the damage and always agree to send someone out "within 48 hrs" and never show up or call back. I have called daily. I have pictures of the damage and am getting estimates on the cost for repair.
My question: Can I sue for more than the cost of the damage because of the time I have spent in calls, waiting for people to show up, getting estimates, etc.?

 

[dcatz]

No. You can seek you actual damages, plus the filing fee and the fee for service of the claim. You're not going to be able to recover your "inconvenince" expenses.

 

[CalifAtty-1]

No. You can seek you actual damages, plus the filing fee and the fee for service of the claim. You're not going to be able to recover your "inconvenince" expenses.

My response:

I disagree. Our writer can sue for not only the actual damages, but also for the trespass, and nuisance caused. AIU Ins. Co. v. Sup.Ct. (FMC Corp.) (1990) 51 Cal.3d 807, 825, 274 Cal.Rptr. 820, 834; Mangini v. Aerojet-General Corp. (Mangini II) 12 Cal.4th at 1103, 51 Cal.Rptr.2d at 282; and Shamsian v. Atlantic Richfield Co. 107 Cal.App.4th at 982, 132 Cal.Rptr.2d at 647.

This is all, presuming, that there isn't an existing "easement" on your property; then, in that case, only actual damages. I rather doubt Verizon has an easement.

IAAL

 

[justalayman]

While you are at it, if there is no easement, I would tell them to move the line to the neighbors yard. If they need to repair it in the future, they may need to tear up your lawn again.


BTW: if they are fiber-optic lines only, they carry no electricity.

 

[JETX]

Anyone want to bet that there is a utility easement on the property???

 

[CalifAtty-1]

Anyone want to bet that there is a utility easement on the property???

My response:

Generally, yes, for water, gas, electric, police authorities, fire authorities, USPS, etc. But not necessarily for telephone. Those are usually on telephone poles and lines, not underground. I would check my Deed to make sure.

IAAL

 

[shell007]

Anyone want to bet that there is a utility easement on the property???

Our development houses EVERYTHING (UTILITY) underground. NO POLES!!!

I'm with you JetX!!!

 

[justalayman]

Our development houses EVERYTHING (UTILITY) underground. NO POLES!!!

I'm with you JetX!!!

But do the easements for the main trunk cross your yard?( i don't mean just along the road, back alley, or, possibly, at a side lot line where utilities typically run)
While there would/should be an easement for the mainlines across the front back or in some cases through the side yard, an individual branch line would not need an easement because it is only for the property owner concerned.

The fact that this concerns an individuals branch circuit, unless it happens to coincide with the run of a main feeder, I suspect there is no easement.

I have been wrong before, and probably will be again but if this is just a single line, I suspect there is no easement unless as previously described.

 

[dcatz]

No argument theoretically, but a practical observation:
This is Small Claims: no discovery, a hearing date set about 45 days after filing and about 10 minutes to present the whole claim.

The OP wants damages for phone time and wait time and the time spent getting estimates to re-sod the yard. Not a word about filing in a higher forum pro per or retaining counsel (although there now may be after the responses) or the cost and time of searching real property records for easements (if he knows how) and the calculated damages for trespass and nuisance.

OP - now you know it all. Verizon can pay the damages if they lose, but then their attorneys are going to be fighting you or your attorneys. Post back on what you did and how it went.

 

[JETX]

My response:

Generally, yes, for water, gas, electric, police authorities, fire authorities, USPS, etc. But not necessarily for telephone. Those are usually on telephone poles and lines, not underground. I would check my Deed to make sure.

IAAL

Most community's (especially suburban ones) have underground phone, power, etc. And yes, the municipality gives the phone company the right to use the utility easement.