Cal. Codes » Civil Code / DIVISION 4. GENERAL PROVISIONS / PART 3. NUISANCE / TITLE 1. GENERAL PRINCIPLES
California Codes

Cal. Civil Code § 3481 (2026)

General Principles

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Every nuisance not included in the definition of the last section is private.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1983–2025 · leading case: Birke v. Oakwood Worldwide, 169 Cal. App. 4th 1540 (Cal. Ct. App. 2009).
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Birke v. Oakwood Worldwide, 169 Cal. App. 4th 1540 (Cal. Ct. App. 2009). · cites it 2× “2d 669 ]; Civ. Code, § 3481; see generally Rest.2d Torts, § 821D.”
Mendez v. Rancho Valencia Resort Partners, 3 Cal. App. 5th 248 (Cal. Ct. App. 2016). “” A nuisance is considered a ‘“public nuisance” when it ‘“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.” (Civ.”
Shamsian v. Atl. Richfield Co., 107 Cal. App. 4th 967 (Cal. Ct. App. 2003). “(Civ. Code, § 3481.) Depending upon its nature, a nuisance is either permanent or continuing.”
Beck Dev. Co. v. S. Pac. Transp. Co., 44 Cal. App. 4th 1160 (Cal. Ct. App. 1996). “) “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.”
Adams v. MHC Colony Park Ltd. P'ship, 224 Cal. App. 4th 601 (Cal. Ct. App. 2014). “” A nuisance qualifies as a public nuisance when it “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.”
Newhall Land & Farming Co. v. Superior Court of Fresno Cty., 19 Cal. App. 4th 334 (Cal. Ct. App. 1993). “(Civ. Code, § 3481.) However, “[a] private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.”
KFC W., Inc. v. Meghrig, 23 Cal. App. 4th 1167 (Cal. Ct. App. 1994). “” 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.”
Pac. Gas & Elec. Co. v. Superior Court, 145 Cal. App. 3d 253 (Cal. Ct. App. 1983). “…person suffers special injuries resulting therefrom, a private right of action, inclusive of damages, is available. (Civ. Code, §§ 3481, 3484, 3493, 3501.)”
Schaeffer v. Gregory Vill. Partners, L.P., 105 F. Supp. 3d 951 (N.D. Cal. 2015). “Accordingly, the Court finds that Plaintiffs have carried their burden to show that they have suffered a special injury and that they are entitled to bring a claim for public nuisance.”
Reudy v. Clear Channel Outdoors, Inc., 693 F. Supp. 2d 1091 (N.D. Cal. 2010). “) ‘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.”
Pac. Gas & Elec. Co. v. Superior Court, 145 Cal. App. 3d 253 (Cal. Ct. App. 1983). “…person suifers special injuries resulting therefrom, a private right of action, inclusive of damages, is available. (Civ. Code, §§ 3481, 3484, 3493, 3501.)”
Mendez v. Rancho Valencia Resort Partners, No. D067899 (Cal. Ct. App. Sept. 13, 2016). “) A "private nuisance" is defined to include any nuisance not covered by the definition of a public nuisance (Civ. Code, § 3481), and also includes some public nuisances.”
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