In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney's fees in addition to other costs, and in addition to any liability for damages imposed by law.
§ 1021.9.Attorney's Fees In Action For Damages Resulting From Trespassing Upon Lands Under Cultivation Or Used For Raising Livestock
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Enacted 1986 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1021.9 entitles a prevailing plaintiff to reasonable attorney's fees, on top of ordinary costs and any damages recovered, in an action for property damage caused by trespassing on land that is under cultivation or used to raise livestock.
Full Text of § 1021.9
Plain-English Summary
This section protects agricultural land specifically. When someone trespasses on land that's being cultivated or used to raise livestock and causes damage to personal or real property in the process, a plaintiff who prevails in a resulting damages action is entitled to reasonable attorney's fees as a matter of right, not court discretion.
The fee award stacks on top of everything else the plaintiff can already recover -- it comes "in addition to other costs" available under this chapter and "in addition to any liability for damages imposed by law." Trespass onto working farmland or ranchland can disrupt planting, harm animals, or damage fencing and irrigation in ways ordinary damages awards don't fully capture, and this section makes sure the cost of bringing the lawsuit doesn't eat into that recovery.
Frequently Asked Questions
Who qualifies for attorney's fees under Section 1021.9?
A prevailing plaintiff in an action to recover damages to personal or real property caused by trespassing on land under cultivation or used for raising livestock.
Is the fee award under this section discretionary?
No. Section 1021.9 says the prevailing plaintiff "shall be entitled" to reasonable attorney's fees, making the award a matter of right.
Do these fees replace or add to the damages the plaintiff recovers?
They add to it. The statute makes the fee award additional to other costs and to any liability for damages already imposed by law.
Amendment History
Added by Stats. 1986, Ch. 1381, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1021.9 trespass agricultural land attorney feesfarmland trespass damages california attorney fees