Digiacomo

BACKGROUND

Appellant sued respondent in December 2019. He filed his operative second amended complaint in September 2020, alleging a private nuisance claim stemming from the noise generated from respondent’s recyclables, compost, and waste collection activity late at night and early in the morning, and the noise from third-

1 party “dumpster div[ing]” in unlocked collection bins in Maiden Lane, the alleyway below appellant’s apartment in the Union Square District of San Francisco. In November 2020, appellant requested a preliminary injunction seeking to prohibit respondent from collecting recyclables, compost, and residual waste in Maiden Lane from 10:00 p.m. to 7:00 a.m., and seeking to compel respondent to install locks on collection bins in Maiden Lane. Respondent opposed the motion on the grounds that appellant’s request did not preserve the status quo; appellant failed to carry his burden of demonstrating the likelihood of prevailing on the merits; and appellant failed to carry his burden of demonstrating that he will suffer irreparable injury if the motion were denied. Following a hearing, the trial court denied appellant’s motion. After reciting that appellant was…