Can I sue a noisy neighbor, in small claims court?

An overview on the Law of Nuisance -  Glendora Code on Noise  -  City of Glendora Law of Nuisance Code
Glendora Code on Zoning -  Glendora Environmental Impact Report
 
If your neighbor keeps disturbing you, you can sue, and ask the court for money damages or to order the neighbor to stop the noise ("abate the nuisance," in legal terms). For money damages alone, ($5,000.00 per case in California and is not limited to individuals) you can use small claims court. For a court order telling somebody to stop doing something, you'll have to sue in regular court.

Of course, what you really want is for the nuisance to stop. But getting a small claims court to order your neighbor to pay you money can be amazingly effective. And suing in small claims court is easy, inexpensive and doesn't require a lawyer.

To win, you'll need to show:

  • There is excessive and disturbing noise
  • The entity or person you are suing is responsible.
  • Your enjoyment of your home is affected.
  • You have asked the *entity or person to stop the noise.

To prove your case, use police reports, witnesses, your own testimony or even a recording.

How much money should you sue for? California, small claims courts cannot award more than $5,000. Requesting $50 a day for your trouble would probably be considered reasonable. If the noise problem is really severe -- keeping you from sleeping or working and making you completely frazzled -- make it $100 a day.

*An entity (city, county, etc.) that has power to control a project is liable even if it does not actively participate in it to suffer liability. Proof that an entity signed a contract assuming responsibility for the project, shared a common governance with an active participant, or provided an exclusive revenue source for the project, can establish control. Arreola v. Monterey County (2002) __Cal.App.4th__ [2002 Cal. App. LEXIS 4319].

Noise that is excessive and deliberate may also be in violation of state criminal laws against disturbing the peace or disorderly conduct. This means that, in very extreme circumstances, the police can arrest your neighbor. Usually, these offenses are punishable by fines or short jail sentences.  

 

California State Government Code Section  65302g
Mandates that noise elements be included as a part of city  general plans and that cities adopt comprehensive noise ordinances.

 
*To sue a government agency you need to prove that:
1. You gave a special written claim to the agency; AND
2. The agency rejected your claim.
3. File a copy of your rejection letter with your small claims court claim.
4. You filed your small claims court claim less than 6 months after the agency rejected your claim.

How can I present my claim to the government agency?
Get an official claim form from the agency:
If your claim is against your county government, get the forms from the county clerk.
If your claim is against the city government, get the forms from the city clerk.
 

 
The information contained in this web site, does not constitute legal advice. No claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in this web are made. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
 

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