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PFLEGER v. SUPERIOR COURT

Docket Nos. A028030, A028034, A028036.

172 Cal.App.3d 421 (1985)

218 Cal. Rptr. 371

MICHAEL PFLEGER et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; CITY OF PACIFICA et al., Real Parties in Interest. MARGARET BACHECKI et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; CITY OF PACIFICA, Real Party in Interest. RICHARD DAHL et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; CITY OF PACIFICA, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

September 24, 1985.

Attorney(s) appearing for the Case

COUNSEL

Sterns, Smith & Walker, Sterns, Smith, Walker & Grell, Jeanette K. Shipman and Robert B. Ingram for Petitioners.

No appearance for Respondent.

John G. Schwartz, Robert D. Vale, Nagle, Vale, McDowall, Cotter & Schwartz, John A. Knutson, Roland R. Stevens, Fisher & Hurst and Susan Schectman for Real Parties in Interest.

OPINION

KLINE, P.J.

Petitioners in these three consolidated cases seek writs of mandate to compel the superior court to vacate its orders sustaining demurrers without leave to amend as to a cause of action in the complaint in each case which alleged a nuisance within the meaning of Civil Code section 3479. This court issued an alternative writ. We now determine that the demurrers were erroneously sustained and direct the issuance...

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