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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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A nuisance may be either a negligent or an intentional tort. If the latter, then exemplary damages are recoverable (Sturges v. Charles L. Harney, Inc. (1958) 165 Cal.App.2d 306, 321 [331 P.2d 1072]; see 47 Cal.Jur.3d, Nuisances, § 62, pp. 308-309; BAJI No. 14.71 (6th ed.) pp. 635-636). Appellant has pleaded sufficient facts to support her prayer for exemplary damages. She alleged that defendant had actual knowledge of defective conditions in the premises including leaking sewage, deteriorated flooring, falling ceiling, leaking roof, broken windows, and other unsafe and dangerous conditions. She also alleged that defendants “In maintaining said nuisance,... acted with full knowledge of the consequences thereof and the damage being caused to plaintiff, and their conduct was willful, oppressive and malicious.”