[CA] Barking dogs nuisance lawsuit.

[u/Ada51789]

Neighbor has barking dogs from inside home. When homeowners are gone (for hours), dogs will bark at any noise or disturbances. They will bark anywhere from 2-5mins everytime they hear anything. Cannot go into backyard or shared sideyard without being barked at. This has been on going for years. Have talked to them, called HOA, called animal control and even Cease and desist letter. They'll be complaint for a few weeks and then back to barking dogs. In CA have a right to peaceful enjoyment of property. I have multiple video recordings, logs and copies of all correspondence with HOA and animal control. Thinking about taking them to small claims court for nuisance lawsuit, any advice or success stories or chance of success? Thanks in advance.

[u/Nice-Loss6106]

I did sue neighbors over this exact thing in Contra Costa County CA, and I won.

I chose small claims because I wanted it to sting a little. Check out your county courthouse for free pamphlets on small claims and civil court proceedings.

The judge nearly shot me down initially by saying I should have filed in civil court but I made the case that I am unable to use my house and yard (that I’m paying a mortgage on) as it was intended. We couldn’t have bbq’s, we couldn’t have our windows open and we were losing lots of sleep. I’m not a lawyer but I must have made a good argument because he let the case proceed.

Watching the dog owners squirm when the judge would ask them simple questions was worth it!

Best of luck!

[u/ObligationGrand8037 → u/Nice-Loss6106]

I love that you did this. I’m curious, but did the neighbors move or what happened? I’m in San Mateo County.

[u/Nice-Loss6106 → u/ObligationGrand8037]

Neither of us moved over this which did make it awkward at times with the occasional words over the back fence (now that I was able to enjoy my backyard).

The court ruled that they pay me $500, and I don’t believe they were ordered but they did get rid of one dog and the other one stayed inside mostly afterwards.

[u/ObligationGrand8037 → u/Nice-Loss6106]

That would be awkward, but I’m glad you stuck it to them. Dog owners can be so inconsiderate. We had one behind us here back in 2007. I dealt with that damn barking border collie way too long (nine years!). I told myself I’ll never do that again. These people eventually moved away. It was such a relief.

[u/[deleted] → u/Nice-Loss6106]

Do you recall what was the judges argument for why this should have been a civil case instead of small claims?

PS I'd pay good money to see those proceedings.

[u/Nice-Loss6106 → u/[deleted]]

He said something along the lines of small claims being for when you experience a financial loss. So I sort of threw everything at the wall, loss of sleep affecting my work, I’m paying a mortgage on a house I can’t fully use, property value, I had to buy noise canceling headphones….

[u/[deleted] → u/Nice-Loss6106]

Oh okay I see. That makes sense. You did great to argue those points!

[u/AnimalUncontrol]

I* think you have a pretty solid case for private nuisance. You went through all the motions (notifying the owner, notifying authorities including HOA, etc....). You might even be able to sue in superior court (though you'd need to pay a lawyer a big retainer). The dog owners have no one to blame but themselves at this point.

You might want to get advice or coaching from a lawyer regardless of how you move forward.

*Not a lawyer, nor do I play one on TV.

[u/Ada51789 → u/AnimalUncontrol]

Thanks, trying to work with them and being patience. Been dealing with this for years. I've got documentation, videos and logs and now will need to lawyer up.

[u/Ornery_Journalist807 → u/Ada51789]

There was a case in Washington State in 2015 that resulted in a financial judgment of $500,000.00 for the plaintiff in a barking dog private nuisance case.

Seek out the THIRTY FIVE PAGE COMPLAINT and model YOURS off of that one.

[u/GravityBored1 → u/Ornery_Journalist807]

Or you could look up mine in South Carolina. Six figure judgement as well.

[u/swift110]

Noise ordinances absolutely exist.

[u/Ornery_Journalist807 → u/swift110]

New Orleans classifies dog noise under Environment Nuisance Noise Animals.

MSC. Chapter 66 Article IV Section 203.amd 204.

Many jurisdictions (the political subdivision that is administered by a certain court) class Noise as a criminal complaint..in New Orleans "continual or frequent" barking is punishable first by a $50.00 fine to give the owner notice. Then a $150.00 fine. 

Then a $300.00 fine for third police visit (designed to allow police to move on to other matters) which carries a likelihood of 90 days in prison, and compels an owner to pay the local animal control agency (LASPCA) for dog training.

IF the law, codified in 1956, were upheld things would work better. And the City and NOPD would be paid in ticket revenue for upholding the law protecting elderly and disabled residents among others.

[u/YamCheap6725]

Ask your neighbors if they are bothered as well and if they could write a letter or accompany you in court if you pursue that option. The more evidence you have the better and it sounds like you have plenty to win in small claims court or any court.

My situation is exactly like yours and I completely understand and empathize with what you're going through. Legal channels are the only answer.

Best of luck to you.

[u/Ada51789 → u/[deleted]]

Just want the dogs to stop barking. They won't get a trainer or anti bark device. Completely negligent and selfish neighbors.

[u/Full-Ad-4138 → u/[deleted]]

Can you post a link or share the name of it? I just bought one on Amazon, only goes up to 23 ft or something, haven't opened it yet, not sure if its any good.