crazy neighbor / Quick update noise law suit, There noise CD |
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crazy neighbor / Quick update noise law suit, There noise CD |
drive-ability |
Jun 3 2008, 11:56 PM
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#1
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Senior Member Group: Members Posts: 1,169 Joined: 18-March 05 From: Orange County, California Member No.: 3,782 |
We received a CD with the best they can come up with in the past 6 months. I broke down the sounds in print. There was no supporting documentation which set any db levels so I guess it wasn't pointing in there favor..
Here is the brake-down. Yes its really this petty! what a joke! This is the nuts evidence, seems to me to help my case! Sounds newest to oldest 4/30/08 Wednesday morning at 10:10 am, 15 seconds using circular saw / wood (blade is dull) 4/30/08 Wednesday morning at 9:31 am 1 min 45 seconds car leaving garage ? Maybe I forgot my garage remote? 4/18/08 Friday morning 9:16 am 37 seconds circular saw / cutting wood 4/13/08 Sunday afternoon 5:11 PM 25 seconds circular saw / cutting wood 3/8/08 Sunday morning at 11:43 am 15 seconds sander 3/8/08 Sunday Morning at 10:26 am 6 seconds sander 2/29/08 Friday morning at 10:13 am 6 seconds hammer 2/29/08 Friday morning at 10:11 10 seconds ? Its likely a noise made by others while my garage door was open. It sounds like two sounds, one from my garage and one from the outside. The louder sound isn't mine.. ? 2/18/08 Monday morning 9: 51 am 19 seconds gig-saw cutting sheet metal 2/18/08 Monday morning 9:50 am 8 seconds gig-say cutting sheet metal 2/18/08 Monday morning 9:37 am 13 seconds Hammer 2/16/08 Saturday morning 8:04 am ?? 1minute 30 seconds car running in front of my carport and driving away. 2/14/08 Thursday afternoon 12:45 P.M. 50 seconds of car and train while leaving garage? 2/13/08 Wednesday morning ? 7:02 am ? 57 seconds idling in front of my carport and driving away is my guess 1/10/08 Thursday morning 8:03 am 58 seconds driving out of garage 1/10/08 Thursday morning 9:22 am 21 seconds moving tools and equipment out of garage. 1/10/08 Thursday afternoon 3:31 P.M. 20 seconds entering garage in car and some other noise outside my garage in the street ? 12/14/07 Friday morning 8:19 am 14 seconds shop vacuum cleaning car and garage. A/O left for work 12/13/07 Thursday morning 11:59 am 10 seconds hammer 12/13/07 Thursday morning 11:54 am 15 seconds hammer Ted my friend thinking he's funny and doesn't see the seriousness of the situation! 12/11/07 Tuesday afternoon 2:45 P.M. Ted pounding some aluminum flat to a tune 12/11/07 Tuesday afternoon 3:50 P.M. Ted pounding more aluminum flat to a tune 12/4/07 Tuesday morning 9:49 am 6 seconds hammer 11/26/07 Monday morning 10:37 am 18 seconds Gardeners equipment W/ garage door open? 11/23/07 Friday morning 10:31 am 35 seconds I can't say what that is ! 11/23/07 Friday morning 10:11 am 25 seconds I can't say what that is! 11/20/07 Tuesday afternoon 2:42 P.M. 12 seconds hammer 11/20/07 Tuesday afternoon 12:03 10 seconds hammer 11/20/07 Tuesday morning 10:10 am 15 seconds hammer 11/18/07 Sunday afternoon 4: 54 P.M. 8 seconds driving away from car port ? 11/14/07 Wednesday morning 10:07 8 seconds hammer 11/5/07 Monday morning 9:45 am 8 seconds sander I think there may be 2 or 3 entry's for 11/5/07 @ 9:45 am listed at the same time but not sure 10/29/07 Monday afternoon 1:53 P.M. 12 seconds hammer 10/24/07 Wednesday morning 7:56 am 7 seconds sander Two listings for this date and time #1. 10/24/07 Wednesday 7:49 am 6 seconds of a sander #2. 10/24/07 Wednesday 7:49 am 32 seconds Vacuum ? |
effutuo101 |
Jun 4 2008, 06:15 PM
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#2
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Advanced Member Group: Members Posts: 2,735 Joined: 10-April 05 From: Lemon Grove Member No.: 3,914 Region Association: Southern California |
$1 says when you go to court and the opposition's attny sees the data, a continuance will be requested. don't agree to it unless she's willing to reimburse for any current or further costs. regardless of findings. be sure smile and give her husband the peace sign when ever you see him. k (IMG:style_emoticons/default/agree.gif) The first thing I would ask for is a dismissal of the suit. If you are represented, let the lawyer do all of the talking. If you are self represented, introduce yourself and avoid using yeah, and umm. Has your lawyer shared your material with the opposing council? If opposing council doesn't have your material, they will probably ask for continuance. Press them that you can only see a maximum of 25-30 seconds of time (dispersed in 10 second intervals over 6 months) that you could possibly be disturbing anybody and that any car noise is within the law. Ask if suits are being brough against other neighbors as they have cars as well. A dirty trick that lawyers play is having any documents delivered a few minutes before court time by courier and have a signature required for delivery. Then they print out in the hallway a copy that your lawyer has the documents and didn't address them. If a continuance is asked for, press hard for all of your expenses to this point be reimbursed on the spot. This is where lawyers make crap loads of money and try to force you to drop your case. If you can get your lawyer to show invasion of privacy, file a cease and desist on her recordings on those grounds and ask for the case to be dismissed (again) or a summary judgment as this case is frivolous and a waste of the courts time and tax payers dollars. I feel for you. This has been an ongoing saga. Good luck |
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