Babbitt v. Superior Court

A California condominium resident smoked cigars on his balcony. One of his neighbors claimed that the smoke drifted into his condominium. During an argument, the neighbor allegedly assaulted the cigar smoker, who sued for the assault. The neighbor then sued for negligence and nuisance based on the drifting smoke, as well as for false arrest and malicious prosecution. The court of appeal ruled that the neighbor’s claims for negligence and nuisance could proceed but the claims for false arrest and malicious prosecution could not. The court did not find that the drifting cigar smoke constituted negligence or a nuisance but that the neighbor had stated enough information to introduce evidence to prove his claims at trial.


Babbitt v. Superior Court, 2004 WL 1068817, Super.Ct.No. INC029645 (2004).

  • United States
  • May 13, 2004
  • California Court of Appeal, Fourth District


Plaintiff Richard Babbitt


  • Joseph O. DiPuzo
  • Superior Court of the County of Riverside

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product