California Court of Appeal
Citizens for Odor Nuisance Abatement v. City of San Diego, 068086
In a citizens group's suit against a city in 2013 for an alleged public nuisance caused by noxious sea lion waste odors permeating the picturesque La Jolla Cove, the trial court's grant of summary judgment in the city's favor on plaintiff's First Amended Complaint is affirmed where: 1) there is no triable issue as to causation, an essential element of the public nuisance theory at the heart of all of plaintiff's causes of action; and 2) to the extent plaintiff's mandamus cause of action rests on an independent duty arising from documents issued by the former mayor, there is no triable issue those documents gave rise to a legal duty for the city to act.
Appellate Information
- Published 2017/02/09
Judges
- HUFFMAN
Court
- California Court of Appeal