Legal Question in Civil Litigation in California

Neighbor's 4:30 AM rooster... sigh

Hello,

I have a neighbor that rents the property next door. For years her dog howled and disturbed us at all hours. No resolution was gained from communication. Now it finally died and she just bought a rooster that crows every morning between 4:30 and 5:00 AM.

Her reply to my complaints about this was to give me earplugs. Our county (Siskiyou) has no noise ordinance, and the zoning allows roosters, so I believe the only recourse is litigation. Is this a small claims case or do I need to hire a lawyer? Civil Nuisance... disturbing the peace... what do I consider this intrusion into our sanity?

Thanks in advance


Asked on 11/20/01, 10:25 am

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Neighbor's 4:30 AM rooster... sigh

You should be aware that one cannot have a lawyer represent him in a small claims court proceeding. Your recourse is to establish that the present circumstance is a public nuisance, and, as such, enjoinable. The issuance of a restraining order would result, that is a proceeding in equity, and not within the jurisdiction of the small claims court. Such a suit requires certain behavior on the part of the plaintiff, such as "clean hands" and fullfilment of the maxim that "one who seeks equity must do equity."

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Answered on 11/20/01, 11:08 am


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