Legal Question in Business Law in California
I own a day spa in San Diego, Ca. (six years). A new coffee shop just moved in next door and they play loud rock and roll music with a booming base. It is a big disruption to the ambiance of the spa which is crucial part of the business. We have asked them many, many times to turn it down or play a different kind of music but they don't care or comply. I've complained to the property manager who will not take it past telling them to turn it down. Do we have any legal recourse with them.
4 Answers from Attorneys
Yes. You can bring a nuisance lawsuit and seek an injunction. You should get a lawyer if at all possible. In fact, unless your business is a sole proprietorship, it must be represented in court by a licensed attorney.
Sounds like a private nuisance to me. Anyone with an interest in real property, including a tenant, has standing to sue to enjoin a private nuisance.
You may also have an action against the landlord depending on what the lease provides. You miight also discuss it with the police, though they may not do anything.
As a Franchise Attorney I agree with the other attorneys. You should also complain to a higher level than just the property manager - contact the lessor directly with your concerns and the potential for a lawsuit. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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