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Nuisance Litigation Toolkit (CA)
Practical Law Toolkit w-040-7867 (Approx. 4 pages)
Nuisance Litigation Toolkit (CA)
by Practical Law Commercial Litigation
| Maintained • California |
A Toolkit of resources to assist counsel with key aspects of litigating a nuisance claim affecting real property in California state court. This Toolkit includes state-specific resources discussing how to commence a nuisance action and how to defend against a nuisance claim, as well as national resources generally explaining nuisance claims. It also includes resources that counsel may use to allege a nuisance cause of action, respond to a complaint, or propound and respond to discovery.
In California, a nuisance is anything that interferes with the free use and enjoyment of property. Common examples of nuisances are smoke, dust, vibration, and noise. A nuisance can:
- Affect only the plaintiff (a private nuisance) or it can affect a large group of people (a public nuisance).
- Be an object, substance, activity, or circumstance that is a nuisance under any circumstances (a nuisance per se) or only because of its particular surroundings or circumstances (a nuisance in fact).
- Be abated at any time (a temporary nuisance) or continue indefinitely (a permanent nuisance).
The type of nuisance affects the standing requirements, when the statute of limitations begins to run, and what damages are recoverable.
This Toolkit contains resources to assist counsel in understanding the different types of nuisance claims. It also contains resources to assist counsel in asserting or defending against a nuisance claim under California law, including resources to help counsel conduct discovery, bring a motion for summary judgment or summary adjudication, or prepare for trial.