San Francisco, CA asked in Criminal Law and Civil Litigation for California

Q: Can force be used to eject a trespasser in California?

Occupants who did not have a lease entered a property and refused to leave. Owner entered by breaking down door after trespassers refused entry. Are the trespassers entitled to any damages for the suffering caused by forcible entry? No bodily contact of anyone.

2 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Sebastopol, CA
  • Licensed in California

A: In CA, one is only legally entitled to use sufficient force to protect themselves based on the amount of force being used against them. If there is no force being used against them, and the trespassers are merely squatting, no force is permissible to be used against them. It sounds like they are trying to claim some emotional distress/fear for the forcible entry, which they may be entitled to pursue (this claim may or may not be validated by a court/jury). If they reasonably believed the person who broke down the door was imminently going to harm them it may constitute an assault, actionable under both civil/criminal laws.

2 users found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Likely not, since the duty owed to trespassers in California is generally less than the duty owed to lawful guests.

1 user found this answer helpful

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