KIug

KIug v. City of Laguna Beach CA4/3

Good Law
Court of Appeal of CaliforniaJuly 23, 2014G048554California3,807 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Trace Klug and Robert Klug and their minor children, Makayla Klug and Spencer Klug (the Klugs), submitted claims against the City of Laguna Beach (the City) for personal injury and real property damage.1 The Klugs claimed they suffered health problems and diminution in the value of their home due to diesel exhaust fumes from the City-owned fire station next door to their home. The City rejected the Klugs’ claims as untimely and denied their application for permission to file a late claim. After a hearing, the trial court denied the Klugs’ petition for relief to file a late claim. We affirm. Neither the delayed discovery doctrine nor the doctrine of estoppel applies in this case.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In 2004, the Klugs moved into a residence on Second Avenue in the City. Their residence was located next door to a fire station owned and operated by the City; the fire station has been in continuous operation since 1953. From shortly after the Klugs moved into the residence until December 2011, Trace and Robert complained to the City and its employees that diesel exhaust fumes from the fire station were causing them harm. On September 26, 2012, the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.