Wolford

Plaintiffs and appellants, Peter and Marguerite Wolford (Wolfords), filed a complaint for abatement of both a public and private nuisance, injunctive and declaratory relief, and damages against defendants and respondents Jeffrey and Evelyn Thomas (Thomases).

In their at-issue memorandum, the Wolfords requested a jury trial. At trial the Thomases made a motion for a court trial, which motion was granted.

During the course of the trial, the Thomases also moved the court to dismiss the Wolfords’ cause of action for a public and private nuisance on grounds of res judicata. The Wolfords alleged both a public and private nuisance for the acts of the Thomases in constructing a penthouse addition on their property and in violating the building, housing, planning and zoning codes of the City and County of San Francisco. The trial court declined to dismiss this cause of action but it did rule that the Court of Appeal’s decision in Wolford v. Board of Permit Appeals (Feb. 5, 1980) 1 Civil 40443, 42771 [nonpub. opn.], that building permits were validly issued to the Thomases, was res judicata.

At the conclusion of the presentation of the Wolfords’ evidence, the Thomases moved for…