Possible for small claims court action?

[Narnia123]

What is the name of your state (only U.S. law)? California

For the past month I have had to deal with loud neighbors throwing parties every weekend in the apartment complex behind me. They yell and scream, use inappropriate s-x language (rap about it) and it is clear they are drunk. The said complex also has a history of bad reviews online. All the parties have lasted past midnight and I want to move, but I can't right now. I have attempted to resolve the conflict directly with the apartment manager of their complex which includes showing them video evidence (or at least audio because of how loud the noise is and dark it is) contacted their security officers six times in the past two weekends and called the cops about 5 times on my neighbors.

Each party lasts well into the night. I have also tried yelling for them to shut up and that people are trying to sleep. I can hear them over a fan I have blowing at night. I have lost about 8 hours of sleep between these two incidents. The police could not do anything tonight because they claimed not to hear the noise (this being when I was on the phone with the officer on duty) and telling them where the unit at the complex should listen for the noise.

The end result was me shutting my windows and I'm not happy. I was trying to save money by enjoying this cooler weather we've been having lately. I've attempted to be patient with the complex and holding out about a month before taking action. I want these people held responsible for this. Do I have enough legal grounds (lack of sleep among other things) to go forward with a lawsuit and potentially win in small claims?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

For the past month I have had to deal with loud neighbors throwing parties every weekend in the apartment complex behind me. They yell and scream, use inappropriate s-x language (rap about it) and it is clear they are drunk. The said complex also has a history of bad reviews online. All the parties have lasted past midnight and I want to move, but I can't right now. I have attempted to resolve the conflict directly with the apartment manager of their complex which includes showing them video evidence (or at least audio because of how loud the noise is and dark it is) contacted their security officers six times in the past two weekends and called the cops about 5 times on my neighbors.

Each party lasts well into the night. I have also tried yelling for them to shut up and that people are trying to sleep. I can hear them over a fan I have blowing at night. I have lost about 8 hours of sleep between these two incidents. The police could not do anything tonight because they claimed not to hear the noise (this being when I was on the phone with the officer on duty) and telling them where the unit at the complex should listen for the noise.

The end result was me shutting my windows and I'm not happy. I was trying to save money by enjoying this cooler weather we've been having lately. I've attempted to be patient with the complex and holding out about a month before taking action. I want these people held responsible for this. Do I have enough legal grounds (lack of sleep among other things) to go forward with a lawsuit and potentially win in small claims?

If you cannot hear them when the window is shut, they likely are NOT violating any noise ordinances.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

For the past month I have had to deal with loud neighbors throwing parties every weekend in the apartment complex behind me. They yell and scream, use inappropriate s-x language (rap about it) and it is clear they are drunk. The said complex also has a history of bad reviews online. All the parties have lasted past midnight and I want to move, but I can't right now. I have attempted to resolve the conflict directly with the apartment manager of their complex which includes showing them video evidence (or at least audio because of how loud the noise is and dark it is) contacted their security officers six times in the past two weekends and called the cops about 5 times on my neighbors.

Continue to call the police and, if you really want it to end, advise the police that you are willing to sign a private person's arrest (aka a citizen's arrest) for the party holding the raucous event.

The police could not do anything tonight because they claimed not to hear the noise (this being when I was on the phone with the officer on duty) and telling them where the unit at the complex should listen for the noise.

Even if the police COULD hear it - and were deafened by the noise - their peace cannot be disturbed. That is why they rely on a caller to advise they wish to make a private person's arrest (per PC 837). If you are not willing to do that, then you should probably stop calling the police because there is nothing they can do about it.

The end result was me shutting my windows and I'm not happy. I was trying to save money by enjoying this cooler weather we've been having lately. I've attempted to be patient with the complex and holding out about a month before taking action. I want these people held responsible for this. Do I have enough legal grounds (lack of sleep among other things) to go forward with a lawsuit and potentially win in small claims?

Yes, you should be able to sue in Small Claims Court.

http://www.courts.ca.gov/selfhelp-smallclaims.htm

Whether you will win or not depends on how objectively loud the noise is. Do you have other neighbors willing to join you in a suit? Do you have recordings of the noise? Have you attempted to resolve the issue with the tenant and/or landlord of the nuisance property? Do you have proof of those reasonable attempts?

Only you know whether the effort will be worth it or not.

 

[Narnia123]

If you cannot hear them when the window is shut, they likely are NOT violating any noise ordinances.

I can hear them sometimes with the windows down and the fan on.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

For the past month I have had to deal with loud neighbors throwing parties every weekend in the apartment complex behind me. They yell and scream, use inappropriate s-x language (rap about it) and it is clear they are drunk. The said complex also has a history of bad reviews online. All the parties have lasted past midnight and I want to move, but I can't right now. I have attempted to resolve the conflict directly with the apartment manager of their complex which includes showing them video evidence (or at least audio because of how loud the noise is and dark it is) contacted their security officers six times in the past two weekends and called the cops about 5 times on my neighbors.

Each party lasts well into the night. I have also tried yelling for them to shut up and that people are trying to sleep. I can hear them over a fan I have blowing at night. I have lost about 8 hours of sleep between these two incidents. The police could not do anything tonight because they claimed not to hear the noise (this being when I was on the phone with the officer on duty) and telling them where the unit at the complex should listen for the noise.

The end result was me shutting my windows and I'm not happy. I was trying to save money by enjoying this cooler weather we've been having lately. I've attempted to be patient with the complex and holding out about a month before taking action. I want these people held responsible for this. Do I have enough legal grounds (lack of sleep among other things) to go forward with a lawsuit and potentially win in small claims?

As a renter...I would say you should "get a life".

 

[Narnia123]

As a renter...I would say you should "get a life".

Go troll someone else. It's in another complex separated by a swamp, it's the same people, clearly drunk. I can put up with the neighbors directly around me banging cabinets around, but this partying is preventing me from getting sleep. I HAVE THE FAN ON AND THE WINDOWS SHUT AND I STILL HEAR THEM!!! WHAT PART OF THAT DID YOU NOT UNDERSTAND? They are loud and prevent me from getting sleep. Every once in a while I would understand and other people have written reviews online about this same problem! I was here first and put up with construction behind my apartment for a year while this complex was being built.

 

[Ladyback1]

Go troll someone else. It's in another complex separated by a swamp, it's the same people, clearly drunk. I can put up with the neighbors directly around me banging cabinets around, but this partying is preventing me from getting sleep. I HAVE THE FAN ON AND THE WINDOWS SHUT AND I STILL HEAR THEM!!! WHAT PART OF THAT DID YOU NOT UNDERSTAND? They are loud and prevent me from getting sleep. Every once in a while I would understand and other people have written reviews online about this same problem! I was here first and put up with construction behind my apartment for a year while this complex was being built.

OMG! Did you stomp your feet, and fall down on the floor? Just having yourself a good ole hissy fit?

Invest in some ear plugs, or a white noise machine (set it on your bedside table)

8 hrs "lost" sleep? was this in one night? (don't think so, since you mentioned two incidences)

Basically, you seem to be "that" neighbor--you know, the one who is always looking for something to complain about

 

[CdwJava]

As I said, call the police and request a private person's arrest, and/or, explore your civil suit options.

A hissy fit won't do anything.

 

[Narnia123]

OMG! Did you stomp your feet, and fall down on the floor? Just having yourself a good ole hissy fit?

Invest in some ear plugs, or a white noise machine (set it on your bedside table)

8 hrs "lost" sleep? was this in one night? (don't think so, since you mentioned two incidences)

Basically, you seem to be "that" neighbor--you know, the one who is always looking for something to complain about

You know what? I came here to ask opinions in what legal actions I can take. And I mentioned a fan in another post and windows shut. Why don't you actually read my original post and comments?? I said 8 hours AMONG OTHER THINGS. You have no clue what I'm dealing with here.