California, United States of America
The following excerpt is from Seraji v. Demirjian, G048611 (Cal. App. 2014):
with regard to statute of limitations and res judicata defenses. (Spaulding v. Cameron (1952) 38 Cal.2d 265, 266- 268.) "Because of these difficulties it has been recognized that in doubtful cases the plaintiff should have an election to treat the nuisance as either permanent or not. [Citations.] If the defendant is not privileged to continue the nuisance and is able to abate it, he cannot complain if the plaintiff elects to bring successive actions as damages accrue until abatement takes place. [Citations.] On the other hand, if it appears improbable as a practical matter that the nuisance can or will be abated, the plaintiff should not be left to the troublesome remedy of successive actions." (Id. at p. 268.)
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