Wednesday, May 28, 2014

The Order of Operations

W&W El Camino Real, LLC v. Fowler, No. D062977 (D4d1 May 16, 2014)

This appeal mostly deals with the interpretation of Civil Code § 2482.5, the Right to Farm Act, which affords a defense against nuisance liability for certain commercial agricultural activity. The jury in the case had rendered an inconsistent special verdict finding both that the defense applied, but also that the defendant was liable. After reversing based on the scope of the Act, the court adds that on remand, the special verdict should walk the jury through the elements of the defense first, in order to avoid any inconsistency

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