ELR Citation: ELR 20120
No(s). S.F. 24365 (Cal. Aug 30, 1982)

The court rules that appellants may not proceed under a trespass theory in their action for damages caused by noise from a nearby steel plant. It holds that noise alone, without damage to property, is not sufficient to support a trespass claim. The court notes that the trial court had previously denied injunctive relief under §731a of the Code of Civil Procedure, which precludes injunctions where the business is operating in an industrial zone. However, the court suggests that §731 a does not preclude actions for damages and remands the case to the trial court for such a determination.

Counsel for Appellants
Ross L. Sargent
2333 W. Whitendale Ave., Visalia CA 93277
(209) 625-8311

Counsel for Respondents
Albert E. Cronin Jr.
Cronin & Glahn
Suite 716, 343 E. Main St., Stockton CA 95202
(209) 466-3775

BIRD, C.J., and MOSK, NEWMAN, KAUS, BROUSSARD, and WATT,^* JJ., concur.