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RONY v. COSTA

Nos. A128596, A128836.

210 Cal.App.4th 746 (2012)

148 Cal. Rptr. 3d 642

ELLEN RONY, Plaintiff and Respondent, v. PAOLO COSTA, Defendant and Appellant. ELLEN RONY, Plaintiff and Appellant, v. PAOLO COSTA, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

October 26, 2012.

Attorney(s) appearing for the Case

McNamara, Ney, Beatty, Slattery, Borges & Ambacher, Christopher T. Lustig and R. Dewey Wheeler for Defendant and Appellant.

Dorothy F. Waldrup , Bruce W. Blakely ; Rifkind Law Group and Leonard Arlan Rifkind for Plaintiff and Respondent and for Plaintiff and Appellant.

OPINION

BANKE, J. —

To make way for an outdoor pizza oven in his backyard, defendant and appellant Paolo Costa hired a day laborer to remove overhanging tree limbs from nearby trees, one of which was a Monterey cypress growing on his neighbor's, plaintiff and respondent Ellen Rony's, property. However, the laborer not only trimmed limbs overhanging Costa's property, he also lopped off portions of the cypress solely on Rony's property...

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