Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California > Los Angeles
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-05-2015, 12:23 AM
 
1,927 posts, read 1,901,429 times
Reputation: 4760

Advertisements

You can go to small claims court. Sue for the monetary value of your lost sleep. You can make up a figure. Say, $50 for each time you're woken. If it sounds reasonable -- not crazy greedy -- the judge will grant it.

* Being woken on workdays is worth more than being woken on weekends.

* You can sue for each and every morning you're woken. Keep a log. If you're woken three times before you file suit, that's $150 when you go to court.

* If you win and collect money, you can sue again if the noise continues. Each new waking is a new lawsuit.

* You'll need evidence of the honking and time of night.

You can videotape the car. But people can edit in the sound, so it's not perfect proof. However, evidence need not be 100% certain. Only in criminal matters is it "proof beyond a reasonable doubt." In civil matters -- such as your case -- it's "preponderance of the evidence." This means that if the judge or jury is 51% certain that you're right, then you win the case.

It'll help if you have witnesses. Do you live alone?

It'll help if you first write certified letters, send emails, to your neighbor. This creates a paper trail. And it shows you tired reasonable means before suing.

Do you rent or own? If you rent, you can also send certified mail complaints to your landlord.

Calling the police also creates a police log. Another legal record of your complaints.

* HOWEVER, it's likely that you can only sue the person doing the honking. You might have to serve discovery papers on your neighbor to compel them to name the honker. I'm not sure how that works in small claims court.

* You sue in small claims court for all manner of nuisances. Dog barking, loud music, leaf blowers, noxious fumes.

Is all this overkill? Yes. It should only be used if the nuisance is excessive and continuous, and other methods have failed. I've never done it. But I have a law degree, so I know about such things, :-)
Reply With Quote Quick reply to this message

 
Old 11-05-2015, 08:24 PM
 
245 posts, read 382,480 times
Reputation: 338
if it's a weekly occurrence then I would sleep with Ear-muffs.
Reply With Quote Quick reply to this message
 
Old 11-06-2015, 01:33 PM
 
Location: Altadena, CA
1,596 posts, read 2,059,032 times
Reputation: 3004
Quote:
Originally Posted by LAGuy View Post
One of my L.A. neighbor decided to honk his horn at 5 A.M. to get his friends out of his house to go somewhere. He honked constantly. Needless to say, it woke me up and other people as well. Is there anything i can do like call the police if he does this again? Is this even legal to do that at such a time?

People who honk their horns during times when it's especially quiet, like when people are asleep, are particularly rude and inconsiderate idiots. They don't care about anyone else, or the deliberate noise they are making. It's sad that common sense decency and respect is not the norm.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California > Los Angeles
Similar Threads

All times are GMT -6. The time now is 10:04 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top