Mendez

I.

INTRODUCTION

Plaintiffs Angel and Linda Mendez1 appeal a judgment in favor of defendant

Rancho Valencia Resort Partners, LLC. At the conclusion of a bench trial, the trial court

entered judgment in favor of defendant on plaintiffs' action for private nuisance.

The case arises from a dispute over the reasonableness of the level of noise

generated during outdoor festivities held at the Rancho Valencia Resort (the Resort).

Plaintiffs, who share a property line with the Resort, became frustrated with the noise

emanating from the Resort when it hosted outdoor events on a lawn created for that

purpose. Plaintiffs filed suit, alleging that the Resort's outdoor events constituted a

private nuisance, and seeking to enjoin the Resort from continuing to create noise that

would travel onto plaintiffs' property and disturb them there.

The trial court appreciated the difficulties inherent in this situation, but after a trial

on the merits, concluded that the Resort's outdoor events did not amount to a private

nuisance. The trial court explained:

"The history of this case reflects the principle that where neighbor disputes are concerned, a judicial…