733. Code of Civil Procedure section 733 and Civil Code section 3346].) PROPERTY [654 - 1422] CHAPTER 3. 2011 California Code Civil Code DIVISION 2. You are here: California / Code of Civil Procedure - CCP / CHAPTER 2. Moreover, Code of Civil Procedure section 1033 is included in part 2, title 14, chapter 6, which deals almost exclusively with the awarding of costs in civil actions. Code §733. Proc. - 736.] Code of Civil Procedure § 733 and Civil Code § 3346 allow a tree owner to recover up to three times the cost of repairing the damaged tree. Cite as: Cal. â¢ The damages provisions in sections 3346 and 733 must be âtreated as penal and punitive.â (Enacted 1872.) (California Civil Code §3346, California Code of Civil Procedure §733). In 2017, the Court of Appeal explained even further that: âThe measure of damages to be doubled or trebled under Code of Civil Procedure sections 733 and Civil Code section 3346 is not limited to the value of the timber or the damage to the trees. In addition, California Civil Code section 3346 and California Code of Civil Procedure section 733 provide that the injured tree owner is entitled to a mandatory doubling (with certain exceptions), and at the discretion of the judge treble damages, for wrongful injury to trees or vegetation. (Civil Code section 43.92.) Rights of Owners Section 733. A person who willfully and maliciously removes a tree without the legal right to do so can be held liable for double or treble damages. Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree. Section 733. In summary, in California, trees are well protected. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731. The owner of a thing owns also all its products and accessions. Civ. The damages can include elements such as diminution in value, loss of aesthetic value and shade, and tree replacement costs. RIGHTS OF OWNERS CIVIL CODE SECTION 732-733 732. 2)Provides for a psychotherapist-patient privilege whereby the patient, as holder of the privilege, may refuse to disclose or prevent another from disclosing a confidential communication between himself or herself and his or her psychotherapist. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Code of Civil Procedure Section 733 Compiled March, 2019 Our review of the annotated history reveals the following legislative history (every âc.â below represents a separate legislative bill): 2005 California Civil Code Sections 732-733 CHAPTER 3. CA Civ Code § 733 (through 2012 Leg Sess) What's This? / Section 733.