California Codes
Cal. Civil Code § 3493 (2026)
✓ current as of May 2026
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A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
Notes of Decisions
Cited in 68
cases (17 in the last 5 years), 1945–2025 · 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). “) [6] Nowhere in the Second District's opinion is there any indication that the City was pursuing a public nuisance cause of action rather than a private nuisance cause of action. The opinion's analysis suggests that the cause of action may have been for a private nuisance,…”
Ileto v. Glock Inc., 349 F.3d 1191 (9th Cir. 2003). “Pursuant to California Civil Code section 3493, “[a] private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.”
Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20099 (Cal. Ct. App. 5th 2017). “) Any other nuisance is a private nuisance. ( Id. , § 3481.”
Cnty. of Santa Clara v. Superior Court of Santa Clara Cnty., 235 P.3d 21 (Cal. 2010). “(Civ. Code, § 3493 ["A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.”
Birke v. Oakwood Worldwide, 39 Envtl. L. Rep. (Envtl. Law Inst.) 20008 (Cal. Ct. App. 2009). “" Civil Code section 3493 provides: "A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.”
Mendez v. Rancho Valencia Resort Partners CA4/1, 3 Cal. App. 5th 248 (Cal. Ct. App. 2016). “” (Civ. Code, § 3493.) The damage suffered by the private party must be different in kind and not merely in degree from that suffered by other members of the public.”
Gregory Vill. Partners, L.P. v. Chevron U.S.A., Inc., 805 F. Supp. 2d 888 (N.D. Cal. 2011). “” Cal. Civ.Code § 3493; see also Ileto, 349 F.”
Major v. Silna, 2005 Cal. Daily Op. Serv. 10691 (Cal. Ct. App. 2005). “Civil Code section 3369 provides that “[n]either specific nor preventive relief can be granted .”
Kucera v. Lizza, 97 Cal. Daily Op. Serv. 9190 (Cal. Ct. App. 1997). “690 ) and may lack the requisite special injury to achieve standing to abate such an obstruction as a public nuisance (Civ. Code, § 3493; Venuto, supra, 22 Cal.”
Castaic Lake Water Agency v. Whittaker Corp., 272 F. Supp. 2d 1053 (C.D. Cal. 2003). “Cal. Civ.Code § 3493, § 3494. When an authorized public agency sues to abate a public nuisance, no statute of limitations applies.”
ZACK'S, INC. v. City of Sausalito, 165 Cal. App. 4th 1163 (Cal. Ct. App. 2008). “) Zack’s has a direct remedy to abate a public nuisance that is a private nuisance as to it if the nuisance is “specially injurious to himself, but not otherwise” (Civ. Code, § 3493), and there is no question that an owner of property abutting a public street is specially…”
Newhall Land & Farming Co. v. Superior Court of Fresno Cty., 93 Cal. Daily Op. Serv. 7545 (Cal. Ct. App. 1993). “) Every other nuisance is private. (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.”
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