Nuisance

Plaintiff tripped over the rear wheel of a Bird electric scooter that the user had parked with its rear wheel protruding into a public sidewalk.  The City of Los Angeles was not liable for failing to enforce conditions of its license which allowed Bird to operate in the city since the city exercised discretion in determining whether to enforce the… Read More

This decision affirms a judgment holding that Ins. Code 533 bars insurance coverage for a judgment against Conagra for the public nuisance caused by Fuller Paint's pre-1950 advertising promoting the use of lead-based paint for interior paint on residential units.  In the liability trial, the trial court found that Fuller had kwown at the time it made the advertisements that… Read More

Because the notice of abatement of nuisance was properly served by city and because plaintiff did not timely file an administrative appeal thereafter, plaintiff did not exhaust his available administrative remedy and was barred from suing in court to challenge the abatement order. Read More

Water districts obtained a permit from the Department of Health Services to add chloramine to drinking water in an effort to kill germs, so they were protected from a nuisance lawsuit which sought to challenge this practice. Read More

Under a homeowner’s insurance policy’s “personal injury” coverage, the insurer must defend a nuisance claim charging that a fence the insured built on his own property blocked an easement providing access to the plaintiff’s adjoining property. Read More

Since a private nuisance claim involves only a question of harm to the plaintiff, not others, the trial court erred by admitting evidence of incidents of a nuisance on the property before plaintiff acquired it. Read More

There is no right to a jury trial in a suit for a public nuisance seeking only abatement of the nuisance. Read More

Lawsuit alleging that defendant had contaminated real property through its ordinary business operations on the site, which it had used as a bulk terminal for petroleum products, was barred by three-year statute of limitations applicable to injuries to real property.   Read More

Defendant city was not barred from imposing a lien on plaintiff’s property to pay for the cost of abating nuisance caused by absentee landowner plaintiff’s failure to maintain the yard. Read More

Summary judgment was properly entered for city in a public nuisance suit since the city showed its conduct had not caused the sea lions to occupy near-shore rocks, fouling the air with the stench of their excrement.  Read More

Annoyance and discomfort damages for trespass by defendant’s setting a wildfire that burned plaintiff’s home can include compensation for plaintiff’s emotional distress even though plaintiff was not present at the fire and suffered no physical injury.  Read More

Judgment for defendant in a private nuisance action was affirmed as substantial evidence supported the trial court’s findings that the noise from defendants’ resort was not unreasonable nor was the injury to the plaintiff substantial, even if the noise violated the county noise ordinance.  Read More