Friends of H Street v. City of Sacramento

This is the second of two appeals challenging the manner in which the City of Sacramento (the City) maintains and manages H Street. In Hutchinson v. City of Sacramento (1993) 17 Cal.App.4th 791 [ 21 Cal.Rptr.2d 779 ], an appeal resulting from two property owners’ successful petition for writ of mandate, we held the City’s authority to decide whether and when to reevaluate an established speed limit implicated its legislative power and was not subject to review as a ministerial act. We reversed the order issuing the writ and remanded the matter to the trial court with directions to enter judgment denying the writ. In this appeal, we conclude plaintiffs fail to state a cause of action for nuisance and cannot amend their complaint to allege other claims against the City. We therefore affirm the judgment of dismissal.

Factual and Procedural Background

Plaintiff Friends of H Street, also known as the H Street Association, is an unincorporated association comprised principally of H Street residents living between Alhambra Boulevard and 56th Street. Plaintiffs Grant L. Hutchinson, F. Eugene Scott, and Maria Nicholas Kelly own real property which fronts upon or abuts H…