Tarducci v. CR Oakland L.P.
A minor plaintiff who allegedly falls can sue the landlord and property manager for private nuisance. Allegedly, the minor plaintiff was in a courtyard of an apartment building owned and managed by the defendants, and the plaintiff fell off a tree stump. The plaintiff sued, alleging that the tree stump was rotting and constituted a nuisance. The defendants moved to strike and argued that the plaintiff lacked standing to sue, because he does not possess an interest in land. "[P]ossessory status [is conferred] upon members of the family of a possessor of a property interest," pursuant to Gesswin v. Beckwith, a 1978 Superior Court decision. A child may assert a private nuisance count against a landlord, pursuant to Ayala v. B&B Realty Co., a 1974 Superior Court decision. Personal injuries can arise out of a private nuisance cause of action, pursuant to Superior Court Judge Martin's 2011 decision, Jullarine v. Briarcliff Realty. As Judge Martin observed, "[P]ersonal injury alone is not enough to state a legally sufficient private nuisance cause of action; however, once there is an allegation of interference with the use and enjoyment of land, personal injuries flowing from that interference are recoverable." The minor plaintiff's complaint adequately alleged a cause of action for private nuisance, and the court denied the defendants' motion to strike.