The Goal Of This Website Is To Collect Information About Negative Encounters
Nuisance in California is a tort, or civil wrong. You probably heard about other torts, like negligence or battery.
Civil Code § 3479 defines nuisance as “anything which is injurious to health…or is…offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…”
If anything obstructs, or interferes with, your use or enjoyment of your property, it could be a nuisance.
There are two types of nuisance in California: 1) Public Nuisance; and 2) Private Nuisance.
Public nuisance is defined by Civil Code § 3480.
Basically, a private nuisance is concerned with private interests, but a public nuisance is concerned with community interests.
Here are the basic elements you must show in order to prove public nuisance:
Here are the basic elements you must show in order to prove private nuisance:
Damages may be recovered for “annoyance and distress, including mental anguish.” Nominal damages are often awarded as well. See Kornoff v Kingsburg Cotton Oil Co (1955) 45 Cal.2d 265, 272. Those damages are distinct from general damages for mental or emotional distress. See Kelly v CB&I Construction, Inc (2009) 179 Cal.App.4th 442, 456.
Generally, suit must be brought within 3 yrs of the nuisance. See CCP § 338(b).