Kahn v. PriceAnnotate this Case
A Monterey pine tree grows in the Prices’s backyard and obstructs Kahn’s views of the San Francisco Bay and Marin County from the main level of her residence. Kahn sought relief under the San Francisco Tree Dispute Resolution Ordinance, which creates “rights in favor of private property owners” to restore their “views lost due to tree growth” on adjoining property.
The court entered judgment in favor of Kahn, directing the tree’s removal, and granting Kahn’s request for Code of Civil Procedure section 128.5 sanctions of $47,345.30, payable by the Prices and their trial counsel Weisberg. The court of appeal affirmed, rejecting arguments that the lawsuit was barred by the statute of limitations, that dismissal was required for Kahn’s failure to comply with the Ordinance’s prelitigation procedures, and that the trial court erred in directing the tree’s removal. The court also upheld the award of sanctions. The lawsuit “meets the crucial test” for an action to abate a continuing nuisance for which any statute of limitations is inapplicable. The court was not required to dismiss the action predicated on Kahn’s failure to include in her prelitigation tree claim visual images of unobstructed views from the main level of her residence before the growth of the tree.