What is the range of damages available to a plaintiff in a nuisance action?

California, United States of America


The following excerpt is from Smart v. City of Los Angeles, 112 Cal.App.3d 232, 169 Cal.Rptr. 174 (Cal. App. 1980):

Plaintiff, although of course entitled to only one recovery, is entitled to several "bites of the apple," and may proceed upon various legal theories in his attempt to prove the City's liability for his damages. (Reinking v. County of Orange, 9 Cal.App.3d 1024, 88 Cal.Rptr. 695.) Likewise, damages recoverable by a plaintiff in a successful nuisance action for injuries to real property include diminution of the land's value as well as damages for annoyance, inconvenience and [112 Cal.App.3d 240] discomfort. (City of San Jose v. Superior Court, 12 Cal.3d 447, 115 Cal.Rptr. 797, 525 P.2d 701.)

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