Chase

Chase v. Wizmann

Good Law
Court of Appeal of CaliforniaNovember 1, 2021B307017California5,322 words

Opinion

Opinion

Filed 11/1/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JOSEPH CHASE et al., B307017

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BC647861) v.

BENJAMIN WIZMANN et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County. Susan Bryant-Deason, Judge. Affirmed. Law Office of Lee David Lubin, Lee D. Lubin; and Paul Kujowsky for Defendants and Appellants. Fischbach & Fischbach, Joseph S. Fischbach; and Sylvia E. Chase for Plaintiffs and Respondents.

_______________________ In this acrimonious noise dispute between neighbors, defendants appeal the trial court’s grant of a preliminary injunction requiring them to relocate certain air conditioning and pool equipment to the opposite side of their property. The trial court concluded that plaintiffs were likely to prevail on a private nuisance claim at trial and that the balance of harms favored moving the noisy equipment. On appeal, defendants contend that only equipment noise that violates section 112.02, subdivision (a) of the Los Angeles Municipal Code (LAMC or Municipal Code)…

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