Legal Question in Landlord & Tenant Law in California

Is anyone aware of any successes suing a landlord or tenant for drifting secondhand smoke? Preferably in small claims court (to minimize costs and time) for monetary awards, injunction or a conditional judgment.


Asked on 1/28/12, 12:46 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Small Claims Court can only issue a monetary recovery. Since it is not illegal to smoke in private, I would doubt yo have a case. Even if you had a legal cause of action, you must also show specific damages.

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Answered on 1/28/12, 2:44 pm


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