# CV 074850, Mary Moton v. Bruce Loeffler et al. filed 9/25/07

Plaintiff’s Attorney: Anthony C. Boyd

Verdict: Finding of Private Nuisance                           Court Trial Dept. 9

Without first consulting Plaintiff, Defendants planted bamboo on a  boundary line shared with Plaintiff for purposes of privacy and to block views of Plaintiff’s home and nearby power lines. Plaintiff undertook self-help methods in cutting the bamboo and sued for private nuisance, trespass, spite fence, declaratory relief and injunction. Defendants cross-complained for negligence in the cutting of the bamboo. Court ruled no spite fence or trespass actionable but found private nuisance by the planting of the bamboo.   Plaintiff was found negligent for cutting the bamboo but with no damages awarded.  Defendants were ordered to cut and maintain bamboo within guidelines of the City of San Luis Obispo municipal ordinances.