Clary v. City of Crescent City

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. This decision upholds a lien that the defendant city imposed on plaintiff’s property to pay for the cost of abating the nuisance on the property. …

Citizens for Odor Nuisance Abatement v. City of San Diego

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.  Causation of harm is a required element of a public nuisance case.  The plaintiff must be able to…

Hensley v. San Diego Gas & Electric Co.

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.  A wildfire triggered by defendant’s negligence ravaged plaintiff’s home and lot.  This decision holds that plaintiff is entitled to…

Mendez v. Rancho Valencia Resort Partners, LLC

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.  The decision affirms a judgment for defendant after a bench trial…