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Government

May 30, 2023

Judge sustains demurrer in suit against LA over odor

Superior Court Judge David S. Cunningham III sustained the demurrers as to all these causes of action, with leave to amend in all but the cause of trespassing. That matter, he said, the plaintiffs had neglected to address in briefs and thus “appear to have abandoned it by silence.”

The City of Los Angeles successfully demurred to seven causes of action against it related to a 2021 warehouse fire that blanketed the city of Carson in a foul odor. The ruling came as similar demurrers fromCarson, the county and the flood control district are pending.

The city demurred to one negligence cause of action, three related to private and public nuisance, one for inverse condemnation and one for trespass. Alvarez et al. v. Prolo...

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