The following letter has gone on record prior to the proposed Alternative Dispute Resolution (ADR) session [voluntary mediation] on Pearl Harbor Day, December 7, 2010. Because I can think of no instance wherein Lyin' Lynda or Ravaged Red have demonstrated one iota of good faith since November 13, 1987, my hopes for resolution short of Summary Judgment range from slim to none.
My memo to my attorney requesting the letter above:
October 22, 2010
Please send a letter to the counsel for defendants, Lynda Allen and Theresa Brassey, demanding that their CCD surveillance cameras be removed. This action is similar to the earlier letter of demand that the nuisance outdoor yard radio be removed.
Beginning October 11, 2010, comes the defendants’ latest intrusion - CCD surveillance cameras, which represents Lynda Allen's middle finger in the air. The cameras were placed to observe both sides of the property line fence, not the defendants’ side alone. The only purpose discernible from the cameras’ placements is to continue the annoyance of the plaintiff and to daily project the defendants’ ill will onto my yard, my home, and my life. The cameras must be removed forthwith; else the presumption of good faith in mediation will be nullified.
Recitation of prior actions: The all-day/all-night noise from their illegal TLC Catering business was an insufferable intrusion onto plaintiff’s property. After serving the nuisance lawsuit on the defendants, within weeks they installed an outdoor radio speaker, closely on their side of the property line fence, in a retaliatory addition to, and continuation of, the business noise intrusion. After the cessation of the catering business a few months later (February 2010 and still not admitted by the defendants) relieved part of the problem, the outdoor radio nuisance continues fourteen hours a day, seven days a week. The defendants’ malicious use of the radio has resulted in many police calls and a “disturbing the peace” infraction. The still unresolved radio nuisance was added to the original lawsuit through an amended pleading.
The continued actions and non-responses of defendants, Lynda Allen and Theresa Brassey, nearly approach those of Catherine Cass in the attached unpublished California Court of Appeals opinion from 2008, having the aspects of a permanent nuisance.
Attachment: Wallace v. Cass, G036490, Court of Appeals of California, Fourth Appellate District, Division Three, March 10, 2008.