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0772 In a claim for damage to realty resulting from the presence of asbestos, plaintiff's allegations that it began attempting to remedy problems caused by the asbestos were judicial admissions that damage occurred, a cause of action accrued, and the statute of limitations began running at the time the attempts were made; since the essence of the claim was that damage resulted from defects in a product furnished by defendants, it could not properly be characterized as an action for continuing nuisance.CitationCITY OF SD v GYPSUM (Asbestos Accrual) 30 CA4 575 [See: CCP 338(b); Coughlin v Owens AT 3/94; Capogeannis v SuperCt 12 CA4 668, T/AT 3/93]
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