Senseman

INTRODUCTION

This appeal arises from a dispute between the owners of two condominium units, with one located directly above the other. The lower unit was owned by Phyliss and Mark Senseman, individually and as trustees of the Mark A. Senseman and Phyliss M. Senseman Trust Dated September 11, 2014 (Sensemans). The upper unit was owned by Mimi Real Properties, LLC (Mimi Properties), and its sole managing members, Michael Jones and Lacy Jones (collectively, Joneses). The Sensemans sued the Joneses after the Joneses began using their unit as a short-term rental. The court ruled in favor of the Joneses on the Sensemans’ cause of action for negligence per se and dismissed it. The jury then found in favor of the Sensemans on causes of action for nuisance and breach of the homeowner association’s covenants, conditions, and restrictions (CC&Rs). The trial court entered a permanent injunction directing the Joneses to take measures to abate excessive noise caused by frequent rental turnover. On appeal, the Joneses contend (1) certain terms of the injunction are fatally vague, (2) certain components of the jury’s damages award are unsupported by substantial evidence, and (3) the trial court…