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Mangini v. Aerojet-General Corp.

Citations: 230 Cal. App. 3d 1125; 281 Cal. Rptr. 827; 91 Daily Journal DAR 6544; 21 Envtl. L. Rep. (Envtl. Law Inst.) 21429; 91 Cal. Daily Op. Serv. 4047; 1991 Cal. App. LEXIS 568Docket: C004771

Court: California Court of Appeal; May 30, 1991; California; State Appellate Court

Narrative Opinion Summary

In this case, property owners sued former lessees for contamination caused by hazardous waste disposal during a lease period from 1960 to 1970. The plaintiffs filed multiple claims, including public and private nuisance, trespass, and negligence, among others. The trial court sustained the defendants' demurrer without leave to amend, dismissing the case. On appeal, the California Court of Appeals reversed the trial court's decision, allowing certain claims to proceed. The appellate court found that the plaintiffs adequately stated a cause of action for nuisance under California law, which permits suits for nuisances that originate on one's own property. The court differentiated between permanent and continuing nuisances, impacting the statute of limitations. It ruled that claims for equitable indemnity and declaratory relief were not time-barred. However, negligence-related claims were dismissed due to the statute of limitations, as the plaintiffs were deemed to have had sufficient notice of potential issues by 1984. The court allowed amendments to the complaint to allege a continuing nuisance and trespass. The judgment was reversed and remanded for further proceedings, with each party bearing its own appeal costs.

Legal Issues Addressed

Discovery Rule in Statute of Limitations

Application: The statute of limitations begins when the plaintiff discovers or should have discovered the injury through reasonable diligence.

Reasoning: Under the discovery rule, a cause of action accrues when a plaintiff either actually discovers their injury and its cause or could have discovered it through reasonable diligence.

Distinction between Trespass and Nuisance

Application: The defendant's argument that nuisance claims should be classified under trespass is rejected by the court, which clarifies the distinction between trespass (direct invasion) and nuisance (indirect interference).

Reasoning: The defendant referenced legal treatises to distinguish between trespass (direct invasion of property) and nuisance (indirect interference with property enjoyment).

Equitable Indemnity and Declaratory Relief

Application: Claims for equitable indemnity and declaratory relief are not subject to the statute of limitations until the indemnitee incurs a loss.

Reasoning: Plaintiffs' claims for equitable indemnity and declaratory relief are not subject to the statute of limitations.

Nuisance Claims under California Law

Application: The court clarifies that California law allows property owners to sue for damages from nuisances originating on their property, even if caused by prior lessees.

Reasoning: California nuisance law, governed by statutes, allows property owners to sue for damages from nuisances regardless of their origin on neighboring properties.

Statute of Limitations for Nuisance Claims

Application: The court explains that the characterization of a nuisance as either 'continuing' or 'permanent' determines the applicability of the statute of limitations.

Reasoning: The characterization of a nuisance as either 'continuing' or 'permanent' determines the applicability of the statute of limitations, with the limitation commencing upon the creation of a permanent nuisance.

Treatment of Demurrer

Application: The appellate court treats the demurrer as admitting all material facts properly pleaded, while disregarding contentions or conclusions.

Reasoning: In its review, the court emphasized that it treats the demurrer as admitting all material facts properly pleaded, while disregarding contentions or conclusions.