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 ?

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

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

The car is still miles away right?

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.

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?

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!

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

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....

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

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.

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.

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...

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?

What about keyborad noise from typing your posts on here?

stupid, just stupid.

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.

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

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.

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!

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.

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...

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.

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

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.

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

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

$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

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 @@@@!!!!

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.

Have you never met a lawyer before???

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...

Shhhhhhhhhhhhhhhhhhhhhhhhh! Be vewy vewy qwiet...

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.

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.

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...

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.

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.

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

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

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?



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.

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.

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

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

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.

There is no Just Us.

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!

*****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

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

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.

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