Nuisance Actions – Damages for Diminution in Rental Value

Under California law, where the damages caused by a nuisance are shown to be temporary in character, the measure of damages is the difference in the rental value or use value of the property before and after the injury caused by the nuisance.  See Qualls v. Smyth, (1957) 148 Cal. App. 2d 635, 637; see also Guttinger v. Calaveras Cement Co., (1951) 105 Cal. App. 2d 382, 387.  The diminution in rental value is also the proper measure of damages wherein the property is not directly affected or depreciated by physical injury.  See Ingram v. City of Gridley, (1950) 100 Cal. App. 2d 815, 821.

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