The decision that will send shockwaves through the industry
Robert A. Curtis. Courtesy photo.
SANTA BARBARA — In a landmark legal victory, a California judge has certified a class action lawsuit against Valley Crest, a commercial cannabis cultivation facility in Carpinteria, allowing residential property owners within a one-mile radius of the operation to collectively seek damages for the persistent and pervasive cannabis odors invading their properties. This ruling is the first of its kind in California, setting a powerful precedent for future cases against cannabis growers who fail to control malodors impacting residential communities.
“This ruling will send shockwaves throughout California’s cannabis industry, particularly in Carpinteria,” said Robert A. Curtis, lead trial attorney and partner at Foley Bezek Behle & Curtis, LLP. “For too long, cannabis growers have profited off the cultivation of marijuana while thumbing their noses at their obligation to control the foul odors their operations produce. This case is about holding them accountable and ensuring that impacted neighborhoods have a voice.”
Santa Barbara Superior Court Judge Thomas P. Anderle dismissed multiple arguments by Valley Crest opposing class certification, finding that common legal and factual issues unite the class of affected homeowners. Among the key rulings:
- Odor and Nuisance Claims Apply to All Class Members: The court found that the entire class is affected by the same cannabis odors and particulate matter, allowing a single, unified legal claim to proceed.
- Compliance with County Regulations in Question: Valley Crest has refused to install carbon filtration systems, despite these being the gold standard for odor control. The judge noted that Valley Crest’s ongoing defiance of County regulations only strengthens the need for class certification.
- Right to Farm Act Not a Barrier: The judge agreed with plaintiffs that the Right to Farm Act does not automatically shield cannabis growers from liability and that these issues must be resolved at trial.
“This is a victory for every neighborhood in California struggling with the overpowering stench of cannabis cultivation,” Curtis continued. “The people of Carpinteria have suffered for too long, forced to endure an unrelenting invasion of odor that seeps into their homes and diminishes their property values. This lawsuit sends a clear message: Cannabis growers cannot operate with impunity. They must be held responsible for the impact of their operations on surrounding communities.”
The case will now move forward to trial on March 5, 2026, where the plaintiffs will present evidence of Valley Crest’s liability for odor-related damages. The ruling appoints Robert A. Curtis and Foley Bezek Behle & Curtis, LLP as Class Counsel, representing all affected property owners. The firm will now proceed with notifying class members of their rights and next steps in the litigation.
“The upcoming trial will demonstrate, once and for all, that no longer should the people of Carpinteria suffer under the stench of cannabis invading their homes and devaluing their properties,” Curtis added. “This is about justice, accountability, and reclaiming the right to live in a clean and odor-free community.”
— Foley Bezek Behle & Curtis, LLP is a premier litigation firm specializing in class actions, wildfire litigation, mass torts, and complex business litigation. The firm has a proven track record of high-stakes litigation aimed at protecting the rights of individuals and communities impacted by corporate misconduct.https://foleybezek.com/