What is the definition of "presence" in the context of a trespass claim under the trespass act?

California, United States of America


The following excerpt is from Scholes v. Lambirth Trucking Co., 258 Cal.Rptr.3d 812, 458 P.3d 860, 8 Cal.5th 1094 (Cal. 2020):

2 "Presence" could mean the defendants personal presence or presence through some agent or instrumentality. (See, e.g., Jongeward v. BNSF R. Co. (2012) 174 Wash.2d 586, 278 P.3d 157, 166 (Jongeward ) [" a person who stands at his or her fence line and intentionally sprays herbicide on a neighbors trees engages in conduct prohibited by the statute because the person commits a direct trespass and causes immediate injury to the plaintiffs trees"].) Our analysis applies to both scenarios.

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