crazy neighbor / Quick update noise law suit, There noise CD Options

[RJMII]

OK, let the lawyer jokes begin...

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?

(IMG:style_emoticons/default/headbang.gif)

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.

[effutuo101]

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.

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.

[Joe Bob]

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

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

[drive-ability]

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 (IMG:style_emoticons/default/WTF.gif)


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.

[So.Cal.914]

There is no Just Us. (IMG:style_emoticons/default/sad.gif)

[Jake Raby]

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!

[dw914er]

*****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

[PeeGreen 914]

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

[rhodyguy]

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.

[Rotary'14]

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 (IMG:style_emoticons/default/WTF.gif)


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.

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

[rhodyguy]

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!

[drive-ability]

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.

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...

[ericread]

(IMG:style_emoticons/default/popcorn[1].gif)

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

[dbgriffith75]

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.

[rhodyguy]

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? (IMG:style_emoticons/default/WTF.gif)

do metal work elsewhere. ted's house would be perfect. (IMG:style_emoticons/default/dry.gif) turn the radio off.

[PeeGreen 914]

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

[kart54]

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

[carambola]

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?


(IMG:style_emoticons/default/beerchug.gif)

[ericread]

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?


(IMG:style_emoticons/default/beerchug.gif)

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...

[JRust]

I didn't hear anything about it being a Condo. I understood this to be freestanding houses (IMG:style_emoticons/default/confused24.gif)

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 (IMG:style_emoticons/default/happy11.gif)