Sher

Rudolph and Bonnie Sher appeal from a judgment against them in favor of P. Herbert and Gloria Leiderman following a court trial. Their appeal presents an issue of first impression in this state, namely, whether an owner of a residence designed to make use of solar energy can state a cause of action for private nuisance when trees on his neighbor’s property interfere with his solar access. We determine that California nuisance law does not provide a remedy for blockage of sunlight, and, for reasons discussed below, we decline to expand existing law.

The Shers’ appeal also includes claims that the California Solar Shade Control Act applies to give them a private cause of action against the Leidermans, and that negligent infliction of emotional distress also lies. In addition they assert that the court improperly sustained a demurrer to their cause of action based on mutual equitable servitudes. We find that the demurrer was properly sustained and that the Shers’ other contentions are without merit. Accordingly we affirm the judgment in its entirety.

The Facts

The extensive findings set forth in the trial court’s statement of decision are not in dispute and form the basis…