Public Nuisances – Principals of California Law

Our Los Angeles Nuisance Attorneys were recently asked to review principals of a public nuisance to determine whether a public nuisance claim exists under a particular set of facts and also whether such a claim would support injunctive relief. The following are some well settled California rules of law regarding public nuisances.

Under California law, a public nuisance is defined as a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. See Cal. Civ. Code § 3480. Thus, Anything which is injurious to health, or is indecent, or 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 by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. See Cal. Penal Code § 370. A public nuisance is a substantial and unreasonable offense against, or interference with, the exercise of rights common to the public, that are enjoinable or abatable. See County of Santa Clara v. Atlantic Richfield Co., (2006) 137 Cal. App. 4th 292, 305. A public nuisance is substantial if it “causes significant harm and unreasonable if its social utility is outweighed by the gravity of the harm inflicted.” Id. Under California law, the term “public nuisance” comprehends an act or omission which interferes with the interests of the community or the comfort and convenience of the general public and includes interference with the public health, comfort and convenience. See Venuto v. Owens-Corning Fiberglas Corp., (1971) 22 Cal. App. 3d 116, 123. In determining whether something is a public nuisance, the focus must be upon whether an entire neighborhood or community, or at least a considerable number of persons, is affected in the manner and by the factors that make the thing a nuisance under the Civil Code. See Cal. Civ. Code § 3479.

To prove a cause of action for a public nuisance, one must plead the existence of a duty and causation, and, although it is not necessary to show that harm actually occurred, plaintiffs must show that a defendant’s acts are likely to cause a significant invasion of a public right. See In re Firearm Cases, (2005) 126 Cal. App. 4th 959, 988-89 (““The conduct necessary to make the actor liable for either a public or a private nuisance may consist of (a) an act; or (b) a failure to act under circumstances in which the actor is under a duty to take positive action to prevent or abate the interference with the public interest or the invasion of the private interest.””) With respect to a public property right, the violation of a public right may support a claim for a public nuisance. See People v. Stafford Packing Co. (1924) 193 Cal. 719, 726-27.

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