Owners of a single-family home brought a nuisance action against the owners of an adjoining single-family home, alleging that “the incessant and/or nearly incessant cigar and cigarette smoke emanating from Defendants’ property is injurious to Plaintiff’s health and interferes with the comfortable use and enjoyment of Plaintiffs’ property as they cannot sleep and/or have difficulty sleeping and/or are awakened from sleep, due to smoke coming into their home in the middle of the night, the frequency and volume of smoke emanating from Defendants’ property is indecent and offensive to the senses, it obstructs and prevents the free use Plaintiffs’ property. And it interferes with the comfortable enjoyment of Plaintiffs’ life and property.”   The Plaintiffs seek injunctive relief, money damages and punitive damages.  See Locke, C., “El Dorado Couple Sues Neighbor Over Cigarette Smoke,” Sacramento Bee, October 31, 2009.

No. PC 20090624, Superior Court of California, County of El Dorado (2009).