Schild

—Two neighbors, who happen to be lawyers, have bounced their unfortunate dispute from a basketball court into the courts of law. Respondent Michael Rubin successfully applied to the trial court for a permanent injunction to prohibit his neighbors, appellant Kenneth Schild and his wife (appellant Gail Schild), and any other person from playing basketball on the Schilds’ property except during specified hours of the day. The trial court issued the injunction pursuant to the statute authorizing injunctive relief from willful harassment. (Code Civ. Proc., § 527.6.) Because we find the evidence in the present case does not establish all the requisite elements of section 527.6, we reverse and dissolve the injunction issued against the Schilds on July 23, 1990.

Facts

Kenneth and Gail Schild reside with their two children, 13-year-old Jonathan and 11-year-old Deborah, at their home on Alginet Drive in Encino. Michael and Yifat Rubin reside with their infant child at their home which is adjacent to the rear half of the Schilds’ lot. An approximately six-foot-high solid adobe wall separates the two adjacent lots.

In December of 1987, the Schilds installed in the rear of their…