Legal Question in Construction Law in California

Re: Dispute over Food smell

He may file a lawsuit against you for nuisance for monetary damages and possibly also seek an injunction where the court orders you to stop creating the odors. The creation of smells and noxious odors that are a source of discomfort or diminish the value of neighboring property constitutes a nuisance [see Varjabedian v. City of Madera (1977) 20 Cal. 3d 285, 293-294, 142 Cal. Rptr. 429, 572 P.2d 43 (sewage treatment plant); Eaton v. Klimm (1933) 217 Cal. 362, 370, 18 P.2d 678 (asphalt mixing plant); Wade v. Campbell (1962) 200 Cal. App. 2d 54, 58, 19 Cal. Rptr. 173 (dairy farm)].

I suggest you research installing some sort of filter or charcoal filter system to reduce the odors and tell him you are going to try to install some filters to try to reduce any alleged odors so that a lawsuit is not filled against you. Do NOT admit that you have odors comings from the property in any writing or conversation you have with him because this may be used against you if he does file a lawsuit.

Let me know if you seek representation.