Vanderpol

OVERVIEW

This case involves a dispute between adjoining property owners over trees at or near their common border. Appellants Fred Starr (Fred) and Indra Starr (Indra) (together, the Starrs) own residential real property located at 7204 Babilonia Street, Carlsbad, California (Starrs’ property). The Starrs purchased their home in 1998.

Respondents Eugene Vanderpol (Eugene) and Jenny Vanderpol (Jenny) (together, the Vanderpols) own residential real property located at 7165 *388 Obelisco Circle, Carlsbad, California (Vanderpols’ property). The Vanderpols purchased their home in 2000.

The Vanderpols sued the Starrs in 2009, alleging the Starrs “wrongfully maintained, planted and/or installed numerous trees, shrubs and/or similar plants . . . near the common property line [of the parties] at such a height and density so as to be annoying and damaging to [the Vanderpols].” The Vanderpols alleged a cause of action for private nuisance based on California’s “spite fence” statute, Civil Code 1 section 841.4, and based on ordinary nuisance principles, sections 3479 and 3481, and sought injunctive and declaratory relief in their second and third causes of action,…