Kempton

Kimberly Kempton and Charles Kinney appeal from a judgment issued following the grant of a motion for judgment on the pleadings without leave to amend. They claim that their complaint was either sufficient to allege a cause of action for nuisance against the City of Los Angeles or, if not, that they should have been granted leave to amend. We reverse the judgment with directions to grant leave to amend the complaint to allege a cause of action for nuisance.

FACTUAL AND PROCEDURAL SUMMARY

Appellants own a home on Femwood Avenue in Los Angeles. The garage at the residence has access onto Cedar Lodge Terrace. In their prelawsuit claim filed with the City of Los Angeles (City), appellants alleged their neighbors had erected fences on City property fronting Cedar Lodge Terrace. The claim asserted hazards created by these fences and asked the City to cause them to be removed from its property. The City rejected the claim.

Appellants then filed a lawsuit against the City, seeking monetary damages and an injunction requiring the City to bring proceedings to force appellants’ neighbors to remove the fences from the City’s right-of-way. Appellants alleged the fences diminished…