Legal Opinion

Citizens for Odor Nuisance Abatement v. City of San Diego

California Court of Appeal

Decided February 9, 2017No. D068086PublishedCited by 8 opinions

1Opinion of the Court

Opinion

HUFFMAN, Acting P. J.

—Citizens for Odor Nuisance Abatement (CONA) appeals the trial court’s entry of 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), following the court’s grant of summary judgment in the City’s favor on CONA’s first amended complaint (FAC). CONA sued the City in 2013 for an alleged public nuisance caused by noxious sea lion waste odors permeating the picturesque La Jolla Cove. The trial court granted the City’s motion for summary judgment, finding (1) the City did not have a duty…

2Cases cited23 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Merrill v. Navegar, Inc.California Supreme Court · 2001
  3. Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
  4. People Ex Rel. Gallo v. AcunaCalifornia Supreme Court · 1997
  5. Butt v. State of CaliforniaCalifornia Supreme Court · 1992

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3Cited by8 opinions

  1. People v. Conagra Grocery Prods. Co., California Court of Appeal, 5th District2017
  2. (PS) Gifford v. Hornbrook Fire Protection DistrictDistrict Court, E.D. California · 2021
  3. (PS) Olson v. Hornbrook Community Services DistrictDistrict Court, E.D. California · 2025
  4. Homefed Village III Master, LLC v. Otay Landfill, Inc.District Court, S.D. California · 2023
  5. Roe v. City and County of San FranciscoDistrict Court, N.D. California · 2024

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