Citizens Odor etc. v. City of San Diego

February 10, 2017 by Justia

Citizens for Odor Nuisance Abatement (CONA) appealed the trial court's grant of summary judgment in favor of the City of San Diego and Todd Gloria (in his capacity as former interim mayor of San Diego (collectively, the City)). CONA sued the City in 2013 for an alleged public nuisance caused by noxious sea lion waste odors permeating the La Jolla Cove. The trial court granted the City's motion for summary judgment, finding: (1) the City did not have a duty to prevent harms caused by wild animals; (2) there was no triable issue that the City's conduct caused the alleged nuisance; and (3) Civil Code section 3482 barred nuisance liability.1 CONA challenges these rulings on appeal and argues the City cannot avail itself of immunity under Government Code section 831.2. The Supreme Court affirmed the judgment, finding, as the trial court found, there was no triable issue as to causation. To the extent CONA's mandamus cause of action rested on an independent duty arising from documents issued by the former mayor, the Court likewise find no triable issue those documents gave rise to a legal duty for the City to act. View "Citizens Odor etc. v. City of San Diego" on Justia Law