If the neighbor refuses to cooperate, Rosenthal said the neighbor smoking weed could be considered a “nuisance.”
A nuisance is a private civil cause of action generally defined as an activity by one person that unreasonably interferes with the use and enjoyment of another person’s property,” Rosenthal said. “If you prove that someone committed a nuisance, you may be entitled to damages or an injunction.” California Civil Code 3479 states anything that is an obstruction to the free use of property and interferes with someone’s life or property is a nuisance.
If your neighbor refuses to cooperate with your request, Rosenthal said it can become complicated and costly hiring a lawyer to file a lawsuit. “While Small Claims Court is a possibility, that seems complicated too,” Rosenthal wrote. “I’m not sure the court would have the ability to hear a case where the plaintiff requests only that the defendant stop smoking marijuana in a way that affects (their) property.” However, Rosenthal said if there is a claim for damages surrounding the nuisance, then the court could order that the neighbor stop smoking in that way.
Read more at: https://www.sacbee.com/news/california/article279123009.html#storylink=cpy
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