In a continuing nuisance action, can a plaintiff continue to sue the owner for damages until the nuisance is abated?
California, United States of America
The following excerpt is from Spar v. Pacific Bell, 1 Cal.Rptr.2d 480, 235 Cal.App.3d 1480 (Cal. App. 1991):
In these instances, "persons harmed by [the continuing nuisance] may bring successive actions for damages until the nuisance is abated. [Citation.] Recovery is limited, however, to actual injury suffered prior to commencement of each action. Prospective damages are unavailable." (Baker v. Burbank-Glendale-Pasadena Airport Authority, supra, 39 Cal.3d at p. 869, 218 Cal.Rptr. 293, 705 P.2d 866.)
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