California Codes
Cal. Civil Code § 3491 (2026)
✓ current as of May 2026
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The remedies against a public nuisance are:
1.Indictment or information;
2.A civil action; or,
3.Abatement.
Notes of Decisions
Cited in 37
cases (11 in the last 5 years), 1955–2026 · leading case: Cnty. of Santa Clara v. Atl. Richfield Co., 2006 Cal. Daily Op. Serv. 1855 (Cal. Ct. App. 2006).
Cnty. of Santa Clara v. Atl. Richfield Co., 2006 Cal. Daily Op. Serv. 1855 (Cal. Ct. App. 2006). “) "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.”
City of Lodi v. Randtron, 2004 Cal. Daily Op. Serv. 3890 (Cal. Ct. App. 2004). “) Under state law governing public nuisance, a city is authorized to prosecute an RP in a criminal action for maintaining a public nuisance (Civ. Code, §§ 3491, 3492; Pen. Code § 370) or may file a civil action for damages and abatement for the pollution of its groundwater.”
Adams v. MHC Colony Park Ltd. P'ship, 224 Cal. App. 4th 601 (Cal. Ct. App. 2014). “(Civ. Code, § 3491.) In contrast, the remedies for a private nuisance are limited to a civil action or abatement.”
City of Nat'l City v. Wiener, 838 P.2d 223 (Cal. 1992). “(Civ. Code, § 3491, subd. 3; Code Civ. Proc.”
Selma Pressure Treating Co. v. Osmose Wood Preserving Co. of Am., Inc., 221 Cal. App. 3d 1601 (Cal. Ct. App. 1990). “, § 731; Civ. Code, § 3491.) Could the State claim here a sufficient property interest to support a damage claim? We answer in the affirmative.”
People ex rel. Trutanich v. Joseph, 204 Cal. App. 4th 1512 (Cal. Ct. App. 2012). “The court may make such orders or judgments ... as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition .”
Flahive v. City of Dana Point, 99 Cal. Daily Op. Serv. 3757 (Cal. Ct. App. 1999). “” The obvious purpose behind the Dana Point prohibition against converting off-street parking facilities is to prevent the proliferation of vehicles parked on the street, which would create an eyesore and potential traffic congestion and dangerous conditions for the public (see…”
People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). “(Civ. Code, § 3491.) Civil Code section 1714, subdivision (a) specifies that everyone is responsible for injury occasioned by the want of ordinary care or skill in the management of his or her property or person.”
Venuto v. Owens-Corning Fiberglas Corp., 3 ERC (BNA) 1852 (Cal. Ct. App. 1971). “(Civ. Code, § 3491.) Adverting specifically to the remedy by way of a civil action, since this is the remedy with which we are here concerned, we apprehend the law of this state to be that such action is ordinarily properly left to the appointed representative of the community…”
Burton v. Mun. Court, 441 P.2d 281 (Cal. 1968). “so as to interfere with the comfortable enjoyment of life or property” of “any considerable number of persons” obviously vests in the board an exorbitant quantum of discretion and fails to meet the constitutional requirement of narrowly circumscribed standards. We note in…”
City of Los Angeles v. Shpegel-Dimsey, Inc., 198 Cal. App. 3d 1009 (Cal. Ct. App. 1988). “However, there is no evidence in the instant matter that plaintiff had enacted any ordinance providing for the summary abatement of such a nuisance and the recovery of abatement costs.”
In Re Methyl Tertiary Butyl Ether (\MTBE\") Prods. Liab. Litig.", 824 F. Supp. 2d 524 (S.D.N.Y. 2011). “Cal. Civ.Code § 3491. 69 . See County of Santa Clara, 40 Cal.”
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