In Kelly v. CB&I Constructors, Inc. (2009) 179 Cal.App.4th 442, a fire damaged or destroyed several structures on plaintiff's real property. Mudslides later destroyed another structure and caused extensive damage to the land itself. Although the plaintiff owned the real property, he was not living there at the time of the fire and mudslides. Moreover, the plaintiff had rented the property and structures to other people and they actually occupied the property at the time the fire and mudslides occurred. The Kelly court held that damages for annoyance and discomfort can only be awarded if the plaintiff actually occupied the property, i.e., was physically living on the property at the time trespass and resulting injury occurred. (Ibid.)