Is there a separate limitation period for which a plaintiff can bring a separate action for damages until the nuisance is abated?

California, United States of America


The following excerpt is from S. Cal. Edison Co. v. Severns, 252 Cal.Rptr.3d 667, 39 Cal.App.5th 815 (Cal. App. 2019):

is a separate wrong, subject to a new and separate limitation period for which the plaintiff may bring successive actions for damages until the nuisance is abated even though an action based on the original wrong may be barred. [Citations.]" ( KFC Western , supra , 23 Cal.App.4th at p. 1180, 28 Cal.Rptr.2d 676 ; accord McCoy v. Gustafson (2009) 180 Cal.App.4th 56, 106, 103 Cal.Rptr.3d 37.)

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