(Plaintiff and his wife compared the noise to "a 'jet engine' or 'airport runway,'" which, I mean, come on, yes, it's a little annoying, especially if the AC fan and/or pool pump is near your bedroom window, but if you really think that's like being on an airport runway -- well, you clearly haven't been on a lot of airport runways. Sample tesimony: "Sylvia Chase likewise
declared it was 'unbearable and lasted for hours,' 'like someone
was gunning a jet engine under our window.'")
Given that (admittedly unfair) predisposition, I was a little surprised that the trial court granted a preliminary injunction against running the stuff, and that it ultimately ordered the equipment moved to the other side of the defendant's house. Similarly, I was a bit surprised that the Court of Appeal affirmed. Not stunned -- standard of review, after all -- but a bit surprised.
But then I read that various experts on both sides measured the sound levels coming off the stuff and discovered the following:
"With two condensers,
the filtration and spa pumps running, the waterfall running, and
the spa heater running, Chase’s expert measured 57 decibels in
the backyard and in the side yard, and 51 decibels at the patio
door; Wizmann’s expert measured 57 decibels in the backyard
and in the side yard.
Both sides agreed that many of these decibel levels still
exceeded the limits of 45 decibels at night and 55 decibels during
the day allowed by LAMC section 112.02, subdivision (a)." As well as that "Chase hired an
acoustical expert who measured the equipment noise at 65
decibels on the afternoon of June 9, 2020. Chase also obtained a
personal sound level meter to monitor noise levels and measured
as high as 73.5 decibels during the day."
I will say: 57 decibels sounds like a lot. Especially since the LA municipal code seems to limit noise during the day to 55 decibels, and during the night to 45 decibels.
But it turns out that conversations in a restaurant, or background music, or even an ordinary AC unit at 100 feet are 60 decibels loud. Geeze. Does that mean that no one in LA gets to run air conditioning at night -- or even during the day (since 60 is above 55)? Seems crazy.
I get it; these neighbors hate each other, and are rich, so okay, they sue each other. But I was surprised that the trial court and Court of Appeal were really giving this one a ton of credence.
Though I wonder if this part of the opinion had anything to do with the ultimate result:
"Since 2015, Wizmann has operated his property as a short-term
rental. . . . In June 2018, the City of Los Angeles cited Wizmann’s
property as a public nuisance due to repeated large, unruly
parties by renters, illegal parking, burglary at the property,
refuse in the street, and neighbor complaints of public urination,
public intoxication, fistfights outside the property, and other
illegal activity. The city found Wizmann in violation of multiple
sections of the Municipal Code, including LAMC sections 41.57
(Loud and Raucous Noise Prohibited), 116.01 (Loud,
Unnecessary, and Unusual Noise), and 112.01, subdivision (b)
(amplified music in residential zone audible beyond 150 feet)."
Is this legally relevant to whether a regular old AC unit and pool pump are really private nuisances? Not at all. Does it perhaps nonetheless affect the way a judge might look at the case? It might just.
Oh, and I was looked to see if I could find out anything more about the defendant online to explain just why this dispute received the treatment that it did. After doing so, I found the following line in the LA Times -- to be clear, I'm not saying it's the same "Benjamin Wizmann" as the defendant, 'cause I have no independent knowledge of anything; all I know is that the names and spelled the same and that they both seem to have residences in the Hollywood Hills. But here's the report:
"Benjamin Wizmann, 41, was arrested at his Hollywood Hills home last week on suspicion of importing almost half a million ecstasy tablets."
Well then. That's probably some additional color as well. (And, again, I'm not saying it's the same "Benjamin Wizmann from Hollywood Hills" in both cases -- though, if it was, that might explain the following only-somewhat-cagey line from the Plaintiff's answering brief in the Court of Appeal:
"Wizmann is a convicted felony drug dealer who regularly flaunts the law. [Cites]
Anyway, here's what I know: Even an ordinary air conditioner and pool pump can be too loud. I knew they could be too loud when they were damaged or worn or whatever. Apparently, even when they're used as intended, your neighbor can potentially sue you and win.
Good to know.
