California Codes

Cal. Civil Code § 3479 (2026)

✓ current as of May 2026
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Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

Notes of Decisions
Cited in 267 cases (61 in the last 5 years), 1885–2026 · leading case: People Ex Rel. Gallo v. Acuna, 929 P.2d 596 (Cal. 1997).
People Ex Rel. Gallo v. Acuna, 929 P.2d 596 (Cal. 1997). · cites it 14× “(Civ. Code, § 3479.) Civil Code sections 3480 and 3481 divide the class of nuisances into public and private.”
Beck Dev. Co. v. S. Pac. Transp. Co., 96 Cal. Daily Op. Serv. 2847 (Cal. Ct. App. 1996). · cites it 4× “Generally a nuisance *1207 is defined as “[a]nything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, só as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free…”
O'CONNELL v. City of Stockton, 162 P.3d 583 (Cal. 2007). · cites it 4× “" (Civ. Code, § 3479, italics added; see also Civ.”
Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20099 (Cal. Ct. App. 5th 2017). · cites it 2× “"A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.”
Clary v. City of Crescent City, 11 Cal. App. 5th 274 (Cal. Ct. App. 2017). · cites it 3× “Civil Code section 3479, among other things, defines as a “nuisance” “[ajnything which is injurious to health .”
People v. Conagra Grocery Prods. Co., 227 Cal. Rptr. 3d 499 (Cal. Ct. App. 5th 2017). · cites it 2× “' ( Civ. Code, § 3479, italics added.) 'A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.”
People Ex Rel. Busch v. Projection Room Theater, 550 P.2d 600 (Cal. 1976). · cites it 4× “Plaintiffs assert that defendants' operations constitute public nuisances which are subject to regulation and abatement either pursuant to the general public nuisance statutes (Civ. Code, §§ 3479, 3480; Pen. Code, §§ 370, 371), or under the Red Light Abatement Law (Pen.”
Cnty. of Santa Clara v. Atl. Richfield Co., 2006 Cal. Daily Op. Serv. 1855 (Cal. Ct. App. 2006). · cites it 2× “" (Civ.Code, § 3479, italics added.) "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.”
Jacquelyn McGee v. S-L Snacks Nat'l, LLC, 982 F.3d 700 (9th Cir. 2020). · cites it 2× “; nuisance, Cal. Civ. Code §§ 3479–93; and breach of the implied warranty of merchantability.”
City of Oakland v. Bp P.L.C., 969 F.3d 895 (9th Cir. 2020). “See Cal. Civ. Code §§ 3479 , 3480, 3491, 3494; Cal.”
San Remo Hotel L.P. v. City & Cnty. of San Francisco, 41 P.3d 87 (Cal. 2002). · cites it 2× “, at p. 415, 43 S.Ct. 158.) For example, business owners on a popular shopping street might generally agree that their properties would be more attractive, and hence more valuable, if all the businesses used small, attractive signs rather than huge, garish billboards.”
Diamond S.J. Enter., Inc. v. City of San Jose, 100 F.4th 1059 (9th Cir. 2024). · cites it 5× “050 and California Civil Code §§ 3479 12 DIAMOND S.”
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