Printable Version of Topic

Posted by: drive-ability Jun 3 2008, 11:56 PM

We received a CD with the best they can come up with in the past 6 months. I broke down the sounds in print. There was no supporting documentation which set any db levels so I guess it wasn't pointing in there favor..
Here is the brake-down.
Yes its really this petty! what a joke!
This is the nuts evidence, seems to me to help my case!


Sounds newest to oldest

4/30/08 Wednesday morning at 10:10 am, 15 seconds using circular saw / wood (blade is dull)
4/30/08 Wednesday morning at 9:31 am 1 min 45 seconds car leaving garage ? Maybe I forgot my garage remote?
4/18/08 Friday morning 9:16 am 37 seconds circular saw / cutting wood
4/13/08 Sunday afternoon 5:11 PM 25 seconds circular saw / cutting wood
3/8/08 Sunday morning at 11:43 am 15 seconds sander
3/8/08 Sunday Morning at 10:26 am 6 seconds sander
2/29/08 Friday morning at 10:13 am 6 seconds hammer
2/29/08 Friday morning at 10:11 10 seconds ? Its likely a noise made by others while my garage door was open. It sounds like two sounds, one from my garage and one from the outside. The louder sound isn't mine.. ?
2/18/08 Monday morning 9: 51 am 19 seconds gig-saw cutting sheet metal
2/18/08 Monday morning 9:50 am 8 seconds gig-say cutting sheet metal
2/18/08 Monday morning 9:37 am 13 seconds Hammer
2/16/08 Saturday morning 8:04 am ?? 1minute 30 seconds car running in front of my carport and driving away.
2/14/08 Thursday afternoon 12:45 P.M. 50 seconds of car and train while leaving garage?
2/13/08 Wednesday morning ? 7:02 am ? 57 seconds idling in front of my carport and driving away is my guess
1/10/08 Thursday morning 8:03 am 58 seconds driving out of garage
1/10/08 Thursday morning 9:22 am 21 seconds moving tools and equipment out of garage.
1/10/08 Thursday afternoon 3:31 P.M. 20 seconds entering garage in car and some other noise outside my garage in the street ?
12/14/07 Friday morning 8:19 am 14 seconds shop vacuum cleaning car and garage. A/O left for work
12/13/07 Thursday morning 11:59 am 10 seconds hammer
12/13/07 Thursday morning 11:54 am 15 seconds hammer
Ted my friend thinking he's funny and doesn't see the seriousness of the situation!
12/11/07 Tuesday afternoon 2:45 P.M. Ted pounding some aluminum flat to a tune
12/11/07 Tuesday afternoon 3:50 P.M. Ted pounding more aluminum flat to a tune
12/4/07 Tuesday morning 9:49 am 6 seconds hammer
11/26/07 Monday morning 10:37 am 18 seconds Gardeners equipment W/ garage door open?
11/23/07 Friday morning 10:31 am 35 seconds I can't say what that is !
11/23/07 Friday morning 10:11 am 25 seconds I can't say what that is!
11/20/07 Tuesday afternoon 2:42 P.M. 12 seconds hammer
11/20/07 Tuesday afternoon 12:03 10 seconds hammer
11/20/07 Tuesday morning 10:10 am 15 seconds hammer
11/18/07 Sunday afternoon 4: 54 P.M. 8 seconds driving away from car port ?
11/14/07 Wednesday morning 10:07 8 seconds hammer
11/5/07 Monday morning 9:45 am 8 seconds sander I think there may be 2 or 3 entry's for 11/5/07 @ 9:45 am listed at the same time but not sure
10/29/07 Monday afternoon 1:53 P.M. 12 seconds hammer
10/24/07 Wednesday morning 7:56 am 7 seconds sander
Two listings for this date and time
#1. 10/24/07 Wednesday 7:49 am 6 seconds of a sander
#2. 10/24/07 Wednesday 7:49 am 32 seconds Vacuum ?

Posted by: championgt1 Jun 4 2008, 12:06 AM

UNREAL!!! Best your neighbor can come up with. Hammer, saw, sander.

Posted by: Zaney Jun 4 2008, 12:08 AM

Sounds like someone is coo-coo for Coco-puffs!

Posted by: ConeDodger Jun 4 2008, 12:16 AM

The car is still miles away right?

Posted by: messix Jun 4 2008, 12:20 AM

Christ! are you kidding me!

i've got a neighbor that comes home about 10ish with a dodge ctd that has a turbo timer that runs 'bout 5 minutes 20' from my living room [ i like these neighbors]. then i've got 2 neighbors behind me that have dogs that bark for long periods of time even when they're out on their deck.

and i'm not suing them, the dogs might get a 4th of july treat again this year and the old bat has the nerve to complain on new years and the 4th, she yells back through the hedge, i just tell her she should keep her dog from barking hours on end.

you should counter sue for mental stress and fatigue from the harassment.

Posted by: orange914 Jun 4 2008, 12:31 AM

thats total insanity!!! over 6months and this and they are complaning about you? you need a harassment countersuit just to put a little reality back in their life!

6 months of HELL!!!

77 seconds of circular saw
107 seconds of hammering
380 seconds of car idling
57 seconds of sander

MY GOD you are hell on earth!!!

acidently list these kind and considerate folks phone #, wonder if they could time the useless phone calls... oh did i say that?

Posted by: dw914er Jun 4 2008, 12:55 AM

this is normal garage stuff. Home improvement.

your neighbor is nuts!!!! she needs to be in an old folks home or a grave. Geesh. A saw, sander, hammer, and a car in a garage. What is the big deal. A train horn, or rancid playing a live show in the garage is bad. Not tools for less than a minute. Damn!

Posted by: hcdmueller Jun 4 2008, 01:25 AM

I would pay to see that. Maybe you should try that as fund raiser to cover legal costs.

Posted by: bryanc Jun 4 2008, 02:07 AM

ridiculous.

So, to play devils advocate here....

Is your circular saw hot-rodded like your car is? Are you a member of the Belt Sander Drag Racing Association? Why do you have a train pulling up to your house?

I thought my association was bad with their 'improperly coiled garden hose' letter....

Posted by: BarberDave Jun 4 2008, 04:38 AM

WHAT THE HELL!!!!!! Have they filed suit yet? Live your life,in a normal controled

manner. Any conversation should be in a normal controled voice. If she yells at

you record her. Then nicely tell her there is nothing you can or will do,above what

you have all ready done. Then suggest she take you to court. I know the courts

in this country are wierd sometimes but it certainly is harrassment. And it keeps

you from the normal use and injoyment of your property. Good Luck!!!!!!!!!

Dave

Posted by: degreeoff Jun 4 2008, 07:42 AM

Jeez I would be out with a hammer on the running saw with an impact wrench @ 7 am for a solid 30 min...just to give em a true taste of noise. i CAN HEAR THAT COMPRESSOR RUNNING NOW..........lol tHESE FOLKS HAVE ISSUES.

Posted by: TeenerTim Jun 4 2008, 08:07 AM

I agree most of it is very petty but I think sanding and shop vac at 7:49AM is a bit much. I would not be happy if my neighbor started that early.

Posted by: ericread Jun 4 2008, 08:23 AM

YOU BASTARD!!!

Terrorizing an old lady with 57 seconds of sanding? Or by using your circular saw for 77 seconds!!!

Where do you have the nerve to create such sounds in such a prestigious neighborhood? How are we expected to keep Palmdale to the standards that have been set over the past 50 years?

Next thing is that you'll be wanting to land the Space Shuttle here, or build an Air Force base nearby...

Posted by: hcdmueller Jun 4 2008, 08:36 AM

I don't see how any of this could really be considered a problem, unless the neighborhood has established quiet hours and you are violating them. Its not like you have detonations going off in your back yard.

This lady just wants some attention and bitching is the only way she knows how to get it.

What happens if someone in the neighborhood hires a contractor for a landscaping project or something similar? Are they not allowed to make noise?

Posted by: URY914 Jun 4 2008, 08:36 AM

What about keyborad noise from typing your posts on here?

stupid, just stupid.

Posted by: carr914 Jun 4 2008, 09:34 AM

You noisy Bastard!

"while my garage door was open. It sounds like two sounds, one from my garage" Does she have a garage or a carport? She states 2 different things

2/14/08 Thursday afternoon 12:45 P.M. 50 seconds of car and train while leaving garage?

When did you get a train? Damn

1/10/08 Thursday morning 9:22 am 21 seconds moving tools and equipment out of garage.

That must have quite a sound.

Sorry for you & me, but your neighbor sounds just alot like my Mom.

T.C.

Posted by: URY914 Jun 4 2008, 09:41 AM

1/10/08, Thursday afternoon, 1:30pm, 2.2 seconds, Farted and laughed

Posted by: rhodyguy Jun 4 2008, 09:47 AM

noting that the majority of the time stamps occur mid week at a resonable hour, when the average person is out of bed, your neighbor's complaints are petty at best, possibly bordering on harssment on their part. time to turn the tables with this info. ask for damages and attorney fees.

Posted by: dw914er Jun 4 2008, 09:52 AM

6/4/08 wednesday morning 7:45 67 sec heard his plane taking off

6/3/08 tuesday night 10:30 pm 1203 seconds heard porn from his computer

6/2/08 monday afternoon 10:30 am 5 seconds heard him sneeze


ridiculous!

Posted by: drive-ability Jun 4 2008, 10:16 AM

Yes its nuts
Any of the early morning sounds come when I know she has left for work, she's gone by 7:30 am every week day morning.. I watch her on my cameras set out for my protection.

The case has been filed and I have spent thousands defending myself. We have another court date on the 5th of June so that should set the tone going forward.
My lawyer thinks this is just petty stuff and the judge may set time limitations for me as ,, no noise before 9:00 am and after 5 or 6 pm. My association has this rule in place anyway...

I hope for a counter suit or maybe we'll get luck and the judge will just hammer her now with all costs, never can tell.

Posted by: dinomium Jun 4 2008, 10:26 AM

If she WANTs to know what noise pollution is, I can reform my last band and play Symphony for the Devil for bout and hour!
Ladies and Gentalmen: S U P E R C R A P P Y and featuring the disaster of the Stratocaster, the Gawd of Hellfire:
DINOMIUM!

Oh yeah!
Or get yourself a Goldtop Les Paul and a Marshall halfstack...

Posted by: carr914 Jun 4 2008, 10:37 AM

Geez I only saw a couple of items that were before 9:00 am. And what constitues noise? Some of those were your car. Does her car not make any noise at 7:30 am 5 days a week? She should be told she can't leave for work until 9:00 am due to her own ignorance & duplicity of the complaint. We need a smilee with ear-muffs.

T.C.

Posted by: Rob Ways Jun 4 2008, 10:42 AM

You know what this is all building up to with your neighbor.....

Posted by: effutuo101 Jun 4 2008, 11:17 AM

I still think that her recording equipment is an invasion of privacy. She probably has a point on anything before 8am, but if she leaves for work at 7:30 and you can prove that she was not home when noise was being made, she has no grounds to complain. If she is part of a group that is filing a complaint, the rest of the group has to sign. Go back through your tapes and have a picture of her not being home for every single example. This will prove that this is crap. You have your date in court tomorrow, so today is the day to get this done.

Posted by: sean_v8_914 Jun 4 2008, 11:19 AM

do you have hard wood floors?...30 seconds of vacuum?

what a nut job. dont judges get testy with frivolous suits. this is a waste of my tax dollars

Posted by: Travis Neff Jun 4 2008, 11:53 AM

She needs to be enrolled in the turd of the month club.

Posted by: rhodyguy Jun 4 2008, 12:07 PM

$1 says when you go to court and the opposition's attny sees the data, a continuance will be requested. don't agree to it unless she's willing to reimburse for any current or further costs. regardless of findings. be sure smile and give her husband the peace sign when ever you see him.

k

Posted by: drive-ability Jun 4 2008, 02:33 PM

I broke down the times when she would be at work knowing she's gone at around 7:45 am and home for lunch around 1:30 to 2:20 PM, home around 4:00 to 6:00 P.M. and came up with a total of 3 minutes and 30 seconds of noise "when she's home"
John

I just don't see her lawyer, who is a friend of the family (discount $$$) can look the judge in the eye and spout out this crap @@@@!!!!

Posted by: So.Cal.914 Jun 4 2008, 02:46 PM

Oh they can spout a lot of crap, there good at it. It does not matter if it is true or not...They'll say it.

Posted by: ericread Jun 4 2008, 02:46 PM

Have you never met a lawyer before???

Posted by: Spoke Jun 4 2008, 03:19 PM

What? No sound clips of the beast with 2 backs on the list? No horizontal bumping sounds? If she's listening to every other thing going on in your house, she must be saving those ones for her own pleasure...

Posted by: ericread Jun 4 2008, 03:23 PM

Shhhhhhhhhhhhhhhhhhhhhhhhh! Be vewy vewy qwiet...

Posted by: carr914 Jun 4 2008, 04:03 PM

I just don't see her lawyer, who is a friend of the family (discount $$$) can look the judge in the eye and spout out this crap @@@@!!!!
[/quote]

They can spout out crap, because they are all full of crap. Apologies to all 914 Lawyers that are filled with crap.

T.C.

Posted by: Dr Evil Jun 4 2008, 04:10 PM

6/03/08 - 438 sec of moaning, funky bass and what sounded like someone shaking a can of jelly or trying to clean a spot of the top of a wobbly, squeaky table?

Whack off into a microphone plugged into an amp....lets see her catalog that.

Posted by: bryanc Jun 4 2008, 04:12 PM

It's best to remember that lawyers are paid to say whatever it takes to win the case for their client. Even if they know it's BS--that is their job. With that said, many lawyers take their work home...

Posted by: drive-ability Jun 4 2008, 04:57 PM

The funny thing is my dog can bark for a straight 30 minutes a day and be within the city laws. Here I make 1/2 that in 6 months and have to spend thousands to adjudicate the matter.

Posted by: byndbad914 Jun 4 2008, 05:55 PM

the key is probably "friend of the family" - she is bitching about it and wants them to defend it and they probably feel "guilted" into doing it. They may have even told her it was frivolous and she refuses to listen/doesn't think so and the lawyer is just taking it knowing in the long run the family will appreciate it.

As for a vacuum as early as stated - I agree with another reply - that is a bit early IMO, even if she is gone you have other neighbors. That said, if it was a one time occurrence as implied in the list of item - I mean, you could have spilled coffee in your car on accident and grabbed it to vacuum it up before causing damage to carpet and so forth. Once or maybe twice is fine which appears to be what you are doing.

And I agree with a lot of others about going after her for legal costs, claim pain and suffering and loss of sleep and so forth and knock her way the F off her pedestal. You have a right to live your life within reason, and most of that seems within reason to me.

Posted by: effutuo101 Jun 4 2008, 06:15 PM

The first thing I would ask for is a dismissal of the suit. If you are represented, let the lawyer do all of the talking. If you are self represented, introduce yourself and avoid using yeah, and umm. Has your lawyer shared your material with the opposing council? If opposing council doesn't have your material, they will probably ask for continuance. Press them that you can only see a maximum of 25-30 seconds of time (dispersed in 10 second intervals over 6 months) that you could possibly be disturbing anybody and that any car noise is within the law. Ask if suits are being brough against other neighbors as they have cars as well. A dirty trick that lawyers play is having any documents delivered a few minutes before court time by courier and have a signature required for delivery. Then they print out in the hallway a copy that your lawyer has the documents and didn't address them. If a continuance is asked for, press hard for all of your expenses to this point be reimbursed on the spot. This is where lawyers make crap loads of money and try to force you to drop your case. If you can get your lawyer to show invasion of privacy, file a cease and desist on her recordings on those grounds and ask for the case to be dismissed (again) or a summary judgment as this case is frivolous and a waste of the courts time and tax payers dollars. I feel for you. This has been an ongoing saga. Good luck

Posted by: kart54 Jun 4 2008, 06:33 PM

I am a southern California lawyer and I have to say this is one of the most ridiculous lawsuits I've seen. Even if the other side is taking this as a family friend he should be embarrassed. This ranks right up there with the pants lost by the dry cleaners case. I have to think that when he looks at these times he is going to want to settle and get away from this as soon as possible.
Depending on your finances this sounds like it may be grounds for a SLAPP suit or maybe a harassment suit on your part. Check with your attorney.
Glad to see you finally lawyered up; we are useful at times.
The bad news is in California in a lawsuit of this type attorney's fees and costs are not awarded unless she is seeking them under some obscure statute. Do remember that if she asks for attorney's fees and costs, even if wrongfully sought, then your attorney can request them as well. You might remind your lawyer of that. It's quite often overlooked.
If I didn't have a case tomorrow morning myself I would try to get down there and watch.

Oh and for all of you that don't like lawyers remember there would be no United States and no constitution without us. Both the constitution and the declaration of independence were drafted in major part by lawyers and they are the ones that fight for your rights when either of those are violated. I would also ad, though some of you may not like it, most of us won't take cases we don't believe in no matter what the pay involved. I've never had a client that I didn't believe in and didn't believe was right and the great majority of attorneys I know operate the same way. We often disagree on the law and the facts but we believe our clients and believe in their side of things.

Good luck
Kart54
Randolph W. Andell
Law Offices of Randolph W. Andell
Serving Ventura and Santa Barbara Counties
(805)339-0101

Posted by: URY914 Jun 4 2008, 06:49 PM

OK, let the lawyer jokes begin...

Posted by: RJMII Jun 4 2008, 09:10 PM

Know the difference between a Lawyer and a porcupine?

Oh, wait... that's not quite right...

3 Lawyers walked into a bar... That's not quite right either, they usally take it not walk into it...

uhmm...

How many lightbulbs does it take to change a lawyer?



I guess I suck at jokes. Kinda like that lady sucks at being neighborly. no joke, she just needs to find a different type of investment portfolio.

Posted by: effutuo101 Jun 4 2008, 09:45 PM

Yes, the lawyers that created the consitution and the declaration where a breed apart. They gave those documents a life of their own and a certain flexability to survive. I have a lot of respect for some lawyers. The sad truth is that most are out to make a quick buck and argue the use of "and" or "sexual relations". There is a saying, when the doors of the courtroom close, it is "Just us". I wish more where like you and out fighting the good fight and not being drug into this sort of crap.

Posted by: (*)(*) Jun 4 2008, 10:23 PM

Hmmmm, you outta hear MY house at 6am.....four women waking up on on their period.....

I bail at 6.....fuck that.

Posted by: drive-ability Jun 4 2008, 11:24 PM

Here it is,
Yes a joke! We are going to court tomorrow to argue its too reaching. My lawyer knows this judge and says hes not likely to change anything.. This is to stay in-place until the trial maybe in a year or so..
I'm not happy and this is what I get for my efforts. Pissed on


OCS re: Preliminary Injunction: GRANT in part



Defendant is to stop performing noisy or noisome auto work in or around his garage and carport except on weekdays between the hours of 8:30 to noon and 2:00 to 4:00.



“Noisy or noisome auto work” is defined as work involving repetitive hammering and/or pounding, revving of engines lasting more than three minutes, revving of the car engine for purposes other than starting up the car, use of air sanders, grinders, air compressors, and other tools creating a similar level of noise. Defendant is ordered to refrain from striking common walls.



Plaintiff may elect two weeks every six months during which “noisy or noisome auto work” is totally prohibited, provided that she gives a week notice.



The court urges that parties to participate in mediation to improve the contentious relationship that now exists between these neighbors.



Moving party to give notice.

Posted by: So.Cal.914 Jun 5 2008, 12:46 AM

There is no Just Us.

Posted by: Jake Raby Jun 5 2008, 01:04 AM

I have been in Orange county all week.. I forgot how bad this place really did suck and I can't wait to get the hell out of here tomorrow!!

Its amazing that these sorry bastards didn't complain about noises from your bedroom.. If they can hear the damn vacuum cleaner they can probably hear about anything!!!

And remember:
If your fucking neighbor can hear you sneeze they are entirely too close....

No thanks, I'll take my 20 acres and a fish pond, where I can walk out the front door and take a leak and no one even knows. (and would not give a damn even if they did see me!)

FWIW- For the amount you have spent in court defending yourself you could have bough several acres of real property outside this Orange hell hole and do any fucking thing you want on it!

Posted by: dw914er Jun 5 2008, 01:11 AM

*****pardon my french****


but that is the biggest bullsh*t i have ever heard. Has no one ever owned a house? You perform work all the f*cking time! yard work, auto repairs, to mounting a picture on a wall. You now are banned to only weekends, on select hours, and maybe be prohibited some weekends. WTF is the matter with your judge, and your neighbor. Hell, i make more noise all the time. We all do. Drums, mowing the lawn, trimming it, my goped days, to fixing part of the fence, etc, it all makes noise. What about the garbage truck? Is she gonna ban them? They spend like 30 minutes going up and down my neighborhood at 8 am friday. Should i take them to court? OMG, your nieghbor needs to keel over and die, or just go completely deaf.


sorry for the rant, but that is just ridiculous!

sorry man for having satan as your neighbor

Posted by: Phoenix 914-6GT Jun 5 2008, 01:37 AM

That is seriously fuct. They are impeding your right to freely enjoy your property.

Posted by: rhodyguy Jun 5 2008, 10:07 AM

i could not live in the situation you're enduring. i just can't imagine. you've taken the high road up to this point. carry on.

Posted by: Rotary'14 Jun 5 2008, 11:06 AM

WTF!! I am at a loss for words,, What is the judge thinking?!!

Posted by: rhodyguy Jun 5 2008, 11:14 AM

so..weekdays only between 8:30 to noon and 2 to 4? like when YOU'RE at work? serenity now.

you're going to love the pacific northwest. just don't buy a condo!

Posted by: drive-ability Jun 5 2008, 01:03 PM

Sounds newest to oldest
4/30/08 Wednesday morning at 10:10 am, 15 seconds using circular saw / wood (blade is dull) (at work)
4/30/08 Wednesday morning at 9:31 am 1 min 45 seconds car leaving garage ? Maybe I forgot my garage remote? (at work)
4/18/08 Friday morning 9:16 am 37 seconds circular saw / cutting wood (at work)
4/13/08 Sunday afternoon 5:11 PM 25 seconds circular saw / cutting wood
3/8/08 Sunday morning at 11:43 am 15 seconds sander
3/8/08 Sunday Morning at 10:26 am 6 seconds sander
2/29/08 Friday morning at 10:13 am 6 seconds hammer (at work)
2/29/08 Friday morning at 10:11 10 seconds ? Its likely a noise made by others while my garage door was open. It sounds like two sounds, one from my garage and one from the outside. The louder sound isn't mine.. ? (at work)
2/18/08 Monday morning 9: 51 am 19 seconds gig-saw cutting sheet metal (at work)
2/18/08 Monday morning 9:50 am 8 seconds gig-say cutting sheet metal (at work)
2/18/08 Monday morning 9:37 am 13 seconds Hammer (at work)
2/16/08 Saturday morning 8:04 am ?? 1minute 30 seconds car running in front of my carport and driving away.
2/14/08 Thursday afternoon 12:45 P.M. 50 seconds of car and train while leaving garage? (at work)
2/13/08 Wednesday morning ? 7:02 am ? 57 seconds idling in front of my carport and driving away is my guess
1/10/08 Thursday morning 8:03 am 58 seconds driving out of garage (at work)
1/10/08 Thursday morning 9:22 am 21 seconds moving tools and equipment out of garage. (at work)
1/10/08 Thursday afternoon 3:31 P.M. 20 seconds entering garage in car and some other noise outside my garage in the street ?(at work)
12/14/07 Friday morning 8:19 am 14 seconds shop vacuum cleaning car and garage. A/O left for work (at work)
12/13/07 Thursday morning 11:59 am 10 seconds hammer (at work)
12/13/07 Thursday morning 11:54 am 15 seconds hammer (at work)
Ted my friend thinking he's funny and doesn't see the seriousness of the situation!
12/11/07 Tuesday afternoon 2:45 P.M. Ted pounding some aluminum flat to a tune ( at work)
12/11/07 Tuesday afternoon 3:50 P.M. Ted pounding more aluminum flat to a tune (at work)
12/4/07 Tuesday morning 9:49 am 6 seconds hammer (at work)
11/26/07 Monday morning 10:37 am 18 seconds Gardeners equipment W/ garage door open? (at work)
11/23/07 Friday morning 10:31 am 35 seconds I can't say what that is ! (at work)
11/23/07 Friday morning 10:11 am 25 seconds I can't say what that is! (at work)
11/20/07 Tuesday afternoon 2:42 P.M. 12 seconds hammer (at work)
11/20/07 Tuesday afternoon 12:03 10 seconds hammer (at work)
11/20/07 Tuesday morning 10:10 am 15 seconds hammer (at work)
11/18/07 Sunday afternoon 4: 54 P.M. 8 seconds driving away from car port ?
11/14/07 Wednesday morning 10:07 8 seconds hammer (at work)
11/5/07 Monday morning 9:45 am 8 seconds sander I think there may be 2 or 3 entry's for 11/5/07 @ 9:45 am listed at the same time but not sure ((AT WORK))
10/29/07 Monday afternoon 1:53 P.M. 12 seconds hammer (at work)
10/24/07 Wednesday morning 7:56 am 7 seconds sander (at work)
Two listings for this date and time
#1. 10/24/07 Wednesday 7:49 am 6 seconds of a sander (at work)
#2. 10/24/07 Wednesday 7:49 am 32 seconds Vacuum ? (at work)


Most don't know I am retired due to a back injury, having said that I can do most things but they just take me longer and I often need help from my friends. That part "help from friends" only comes on the weekends when they can stop by. I also have my parents 80 & 81 and my wifes parents 88 & 87 to look after during the week when I have the time. The weekends are covered by family members who have regular jobs. Its not like I have all week, with having to rest my back 2 to 3 hours a day and looking in on the folks my days are still full....
We will be introducing this today as well...

Posted by: ericread Jun 5 2008, 01:16 PM

I'm really lookng forward to seeing how this turns out.

Posted by: dbgriffith75 Jun 5 2008, 02:09 PM

Wow dude.... WOW!

Sorry you've got to put up with that BS. You always hear about idiotic lawsuits but it's not very often you know somebody actually involved in one.

I'm in the same boat as Raby- I'll take my nearest neighbor at 1/4 mile away over the convenience of living in town any day of the week. Yeah it's hassle making a 20+ mile drive to the nearest civilization, but the privacy you get out in the country makes up for the difference.

My soon to be wife wants to live in town, and I told her we had about a snowballs chance in hell. This is the exact reason why, too- it just takes one asshole neighbor to make your life miserable. And that's the diff- I'm a country bumpkin, she's a city dweller. I'd sooner shoot myself in the knee than live in a city for the rest of my life.

Anyway, I wish I had some advice for you, but I'm no legal expert. All I can say is good luck and I hope this whole damn mess gets thrown back in that bitch's face.

Posted by: rhodyguy Jun 5 2008, 03:36 PM

are there any contractors currently working in your complex?

when you write '...x seconds hammering(at work)', that means you're not home? who exactly is doing the hammering? 10 to 15 second bursts approx every 2 hours in one day?

do metal work elsewhere. ted's house would be perfect. turn the radio off.

Posted by: Phoenix 914-6GT Jun 5 2008, 04:11 PM

I think he is saying that she is at work during that time.

Posted by: kart54 Jun 5 2008, 04:21 PM

SOOooo,
The hearing was this morning what was the result?
Kart54

Posted by: carambola Jun 5 2008, 06:07 PM

ok dude, i'm no lawyer. just an electrician and i rarely post

but...

aren't you really talking some constitutional shite here
something to do with due process
freedom of expression thing
life liberty and the pursuit of happiness thing


is she willing to compensate you for diminished value/time of your place?

Posted by: ericread Jun 5 2008, 09:38 PM

From what I understand, this is in a condo complex with an active homeowners assn. There are CC&R's which restrict certain types of activities, which were agreed to in writing by the owner of this condo. By the wording in the Preliminary Injunction, there appear to be common walls, so that the inside wall of one unit directly connnects to the inside wall of another unit. Any loud sounds can possibly be directly tranmitted through the walls to the other unit.

This is really not a good place to have a restoration garage. The CC&R's seem to favor the plaintiff. Additionally, condo buyers many times ensure there are restrictive CC&R's so that just such an auto repair shop (or other activity), with it's inherant noise, does not open inside the condo next door.

As much as I feel bad that this situation exists, I wonder how realistic it is to expect a judge to rule against the homeowner assn and their contractual CC&R's. Additionally, since the homeowners assn has already ruled against our friend, the judge would be invalidating the ability of the homeowner's Assn to provide self rule and would possibly be setting a precedent that all homeowner assn's did not have the legal authority to enforce the codes upon which each homeowner contractually agreed upon. This seems to be pretty heady stuff for which the judge to agree.

The Constitution is a very strong argument, until you willingly sign away certain rights as a pre-condition to live in this development. Due-process? You're seeing it in the homeowner assn hearing and this preliminary hearing. Freedom of expression? Sure, within the bounds of community acceptance. Pursuit of happiness? That's a tough one to win on...

Anyway, I hope I am proven wrong, but time and time again, the homeowner assn tends to win these arguments...

Posted by: JRust Jun 5 2008, 10:01 PM

I didn't hear anything about it being a Condo. I understood this to be freestanding houses

I think the lady is flat out nuts! You have taken the high road so far. I am very impressed with how you have dealt with it. I cannot believe you got completely screwed like this! I would move to the beautiful Pacific Northwest. Buy your place out of town & be done with it. Just make you sell your house to some people who will really piss her off! Maybe a couple of gay guys with Harleys

Posted by: effutuo101 Jun 5 2008, 10:13 PM

For some reason I thought he lived in a house and the condo was across the street. We will wait for an update.

Posted by: ericread Jun 5 2008, 10:35 PM

I understand what you're saying. The preliminary injunction does mention "common walls":

"Defendant is ordered to refrain from striking common walls"

and the original post (http://www.914world.com/bbs2/index.php?showtopic=83255&hl=) also includes the following:

"She has a pro sound guy and they have set up a recording system pointed at my garage from her kitchen (Condo)."

Here' a picture of the building:
http://members.cox.net/altjamy/test%20(Small).bmp

Sorry to rain on the parade, but this is going to be a tough sell...

Posted by: drive-ability Jun 5 2008, 11:54 PM

The ruling stands but gives me from 8:30 to 12:30 and 2:00 to 5:00 no weekends.
Our take is the judges sound threshold is much more In our favor, so when she drags us in again for what-ever the will truly understand what a F99ken jackass this thing is..
On the other hand we have decided to sell this place since its a much wanted condo in Irvine and retains most of its value and get into a house with no association's and common walls.
Until then I can do what I want in the non controlled hours which is much better than its been in the past year and a half, but its still bullshit!!

They say they have 6,000 sound bites and of that they picked 40. This for 6 months of time came to 13 1/2 minutes of which 3 1/2 minutes she was home.
You would think if you had 6k, all 40 would be at least when she's not at work.
This judge just wanted to get the bittttch to go away, at our expense. We have a mandatory mediation in 2 weeks and we may be able to settle this then but I don't count on anything..

Posted by: championgt1 Jun 6 2008, 12:00 AM

Sucks you have to go through this. Whatta bunch of

Posted by: Phoenix 914-6GT Jun 6 2008, 12:05 AM

Man, I'm sorry to hear that. That sucks. So does that mean we may have another PNW teener soon

Posted by: drive-ability Jun 6 2008, 12:11 AM

PNW ???

Posted by: Phoenix 914-6GT Jun 6 2008, 12:29 AM

Pacific North West

Posted by: dw914er Jun 6 2008, 12:33 AM

naw, go to Yucaipa down in the inland empire. My neighbor hood has some places for sale. I got my 914, and drumset there, so you can make all the noise you want to.

Posted by: carr914 Jun 6 2008, 08:54 AM

After you sell your place, let us know her name, address & phone #. We'll give her a clue of what harrassment is.

Posted by: (*)(*) Jun 6 2008, 09:45 AM

I would bet that you would have to disclose the nutjob neighbor issue to a seller....probably diminish property value. A killer in this market.

One could probably use that argument in court as well.

Posted by: rhodyguy Jun 6 2008, 09:53 AM

a crazy neighbor is not an issue with the structure and would not be be noted in a prepurchase inspection. i don't think a "crazy neighbor" disclosure is required. one can only hope the buyer has a wheelbarrow full of kids and 2 dogs that bark incessantly.

Posted by: ericread Jun 6 2008, 10:54 AM

The dispute in question does not impact the structural integrity of the condo, not the suitability of the condo for residential use. If the condo were advertised as a suitable place to perform auto restoration, you might have a problem. Otherwise, I would think you are in the clear.

Unfortunately, you could easily have a similar problem in a free-standing residential neighborhood. Many neighbors were not raised in an environment where they performed any work on their own vehicles, and most don't understand what you are doing. I would go so far as to say that many homeowners out there equate a high-performance classic car with hot-rodding around the neighborhood, and therefore, a safety issue for their children. Whereever you decide to move, your might want to make a high priority of ensuring your neighborhood accepts the noise that comes with DIY auto projects. Because wthout their cooperation, you are probably going to run into similar issues elsewhere.

Posted by: Heeltoe914 Jun 6 2008, 10:59 AM

Well look at the bright side you now are going out to look for a New home, which is better suited for what you like to do.

I understand there are parts of So Cal that just suck, but some of you have closed eye to the large open lots of land that myself and many of my car buddies have purchased and enjoy with NO restrictions.
I have over ten cars and a 1500sq ft of garage on my property and work sometimes until 2am. My neighbors bring food, drinks, sit and talk and ask question about their home repairs car repairs or whatever. One neighbors is a housewife, another is a sound guy and another is a contractor, we all get along just great. This same situation I know for a fact is repeated with a few of my well off friends as well.

Sure we pay more for land than what I can get in Montana But I can't make the money I am making in Montana doing what I do. I envy writer or people that can live anywhere and work from home by sitting up a small business from just about anywhere (Jake R), but that's a small percentage of people who can do that.

I think It really come down to Location and what you are willing to spend for piece of mind and good living.

My first garage was a carport in Santa Monica write next to a med size Condo complex. Never did I get any lip from the folks living in the condo or the apartment I was living in, And I was surly less considerate in my 20s.

Picture are;
Dirt biking 3 miles away. The white stuff a few times in the winter. Buddies hanging out.
LA is not that bad just depends where you live like any other state. Thats my patio and backyard.


Attached image(s)

Posted by: brer Jun 6 2008, 11:04 AM

ok, now i feel inadequate.

Posted by: ericread Jun 6 2008, 11:05 AM

WOW! Looks like a great place to live!!!

The key to your success may not be the large piece of land as much as the cultivation of friends you have made with your neighbors. That they come over and join you with food and drink is really great.

There are cranky people everywhere, even in Montana! Getting along with your neighbors is the key (and sometimes probably the hardest part).

Posted by: Heeltoe914 Jun 6 2008, 11:11 AM

Did I forget the miles and miles of winding roads?


Attached image(s)

Posted by: So.Cal.914 Jun 6 2008, 11:45 AM

Your NSX buddies, that must be fun. Maybe next swapmeet you can take me for a

ride in her. Nice place, I saw the pic's from your last gathering but I did not

realize it was your place. Thats one hell of a garage. See ya.

Posted by: drive-ability Jun 6 2008, 02:12 PM

I think its a good idea to disclose everything, h.s.t. My statements would just be I do loud auto related work, hammering, grinding etc. I would just invite them over to talk with her. She would describe me as a neighborhood loud jerk and I wouldn't deny that..
Unless the new buyer is going to make noise like my neighbor describes there will be no issues. Believe me 99.9% of the homeowners around here go to the car spa every week and don't even check there own oil..
My brother lives 5 miles away in Lake Forest, I can get in to a home for about the same price. There people have much more freedom and space. My place even with the down market has only gone from 500K to 450k because where it is in the city and its in the lower 1/3 of the price of homes. Tons of young people in there 30s looking for this model.

My brother and I have been talking about looking for the right home in foreclosure, since I have tons of time I can do all the leg work. I've been in that situation about 20 years ago and understand how people feel when folks coming knocking at there door, but for most homes the numbers aren't good, but find the right home you can get a smoking deal along with helping out the owner with cash they wouldn't otherwise get..

Posted by: BKLA Jun 6 2008, 02:37 PM

Just wondering after reading this thread...

1. find out when was the project built.
2. check and see if the code required a min. STC (Sound Transmission Class) rating on the party or common walls when the project was built.
3. Test to see if the walls meet this min. STC requirement. (minimal cost)
4. If walls fail to meet code requirements, put responsibility back on homeowners association.

A good site for basic info is: http://www.stcratings.com/

I suggest you do this anyway due to the volatility of the neighbor and your possible sale.

Posted by: JRust Jun 6 2008, 03:13 PM

If you do move I would drive by her house every fukking day when she will be home! I'd let everyone know where too. I am sure there are others with equally loud cars that can drive through your neighborhood

Posted by: drive-ability Jun 6 2008, 04:46 PM

One of my thoughts is she's going to start complaining about common noise coming from our house, The ass has complained about normal noise, she said that when I slammed my patio glass slider she thought there was an earth quake!
Well, now you know what a moran we're dealing with..

I told her its easy to be quiet in the garage, but living noises (normal stuff) is going to happen and she's just as pissed off about this aspect as the garage.
Having seen what Judges do I have no intention of leaving it up to the courts.
My guess is we would come out fine with house stuff but and theres always a but! The folks on jurors or 1/2 of them are wached in the head

My sister in lay was a juror in a case involving an attorney who was charged with child molesting, she felt he was guilty and held out with 3 others to hang the trial.
Turns out 3 months later before the new trial started he pleaded guilty when the DA found more kids that were molested.... Screw this !!!