Legal Question in Business Law in California

Re: work stoppage

You need to negotiate with them through an attorney..then go for a legal action. it would be hard to obtain a temporary injunction..because you need to show irreperable harm, and likelihood of succes in the merit.

Landlord is supporting whom? Have you given LL notice in writing?

Re: work stoppage

You will have to file a lawsuit alleging ''nuisance'' and seek an injunction that limits the amount of activity at the restaurant. Call me if you have any quesions. (310) 806-9237

Re: work stoppage

With substantial legal costs, and no guarantee as to successful outcome. You will have to show conduct dramatically outside the norm for their business that could reasonably be corrected with policy changes, and/or that they have breached their contract with you, to have a chance of success. If you have unsuccessfully tried negotiating the problem with them, legal action is your last resort before moving. Contact me if interested in pursuing this, as it may be possible to work out something that would keep you from last resort measures.

Re: work stoppage

First, the term "quiet enjoyment" has nothing to do with noise. It refers to the right of unchallenged and legally-undisturbed possession, usually of leased premises.

There are, I think, three pssible approaches to mitigating this problem. No guarantee that any one of them will work:

1. If the noise rises to the level where it exceeds levels set by some ordinance, it could be a police problem.

2. If, as the facts suggest, the restaurant and you rent from the same landlord, perhaps the landlord has some peace-making power

3. The injunction route requires initiating a lawsuit and asking for injunctiive relief as part of your request for relief (along with money damages, etc. if appropriate). Usually, such a suit would allege "private nuisance" as the cause of action. Also, usually one would ask for a temporary restraining order (TRO) to be followed by a preliminary injunction pending outcome of trial. This in a virtual necessity because the trial would be many months away in most courts in California.

Your chances of success would depend upon the severity of the harm the noise causes your business in relation to the relative cost to the defendant restaurant business to abate the noise. The tradeoffs aren't necessarily viewed on a strict dollar-for-dollar basis, either.

Re: work stoppage

All the responses are somewhat correct. The response the referred to some sort of contract between you and the restaurant is off-base. It is a tough case, I would assit in filing and hopefully recommed an acceptable agreement involving you, the restaurant and the landlord. Call me directly at (619) 222-3504.

Re: work stoppage

Is your landlord also the landlord of the restaurant? If so, you may have an action against the landlord.

Otherwise, you can seek an injunction. However, this would not be a slam dunk. Reasonable noises from business operations would probably be permitted.