“A nuisance is broadly defined as a nontrespassory interference with the use and enjoyment of land. A private nuisance interferes with the use and enjoyment of plaintiff’s private property.
“A ‘nuisance’ is anything that is: injurious to health; indecent or offensive to the senses; an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; or an unlawful obstruction ‘of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.”
“The limitations period depends on the nature of the harm caused by the nuisance: For property damage: A nuisance action claiming injury to real property is subject to the CCP 338(b) three-year statute of limitations. A nuisance action claiming personal injury is subject to the CCP 335.1 two-year statute of limitations.”
“Plaintiff may recover for all personal injury and property damage caused by defendant’s unlawful acts or omissions. The measure of damages in nuisance actions depends on whether the nuisance is deemed ‘permanent or ‘continuing.’ [The crucial distinction between a permanent and continuing nuisance is whether the nuisance is abatable—i.e., capable of being remedied at reasonable cost and by reasonable means.] The harm from a permanent nuisance is complete when the nuisance is created. Therefore, to avoid improper claim splitting, plaintiff must recover all past, present and future damages in a single action. The usual measure of damages for a permanent nuisance is the diminution in the affected property’s market value. The harm from an ongoing nuisance may vary over time. Therefore, persons harmed by a continuing nuisance may bring successive actions for damages until the nuisance is abated. Plaintiff may recover only actual damages suffered to date. Punitive damages may be awarded where plaintiff proves by clear and convincing evidence that defendant was guilty of oppression, fraud or malice.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
