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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 669

Citation
Section 669
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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The second cause of action in appellant's second amended complaint seeks compensatory and punitive damages and alleges "These defective conditions constituted a nuisance, depriving plaintiff of the safe, healthy, and comfortable use of the premises...." Code of Civil Procedure section 731 specifically authorizes an action by any person whose property is injuriously affected, or whose enjoyment of property is lessened by a nuisance, as the same is defined in Civil Code section 3479 (see also 47 Cal.Jur.3d, Nuisances, § 59, p. 299). Civil Code section 3479 defines a nuisance as "[a]nything 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...."