Legal Question in Real Estate Law in California

Re: damages caused by day care center

Did they get a permit for this? Is the property zoned for this? Did you ever get a notice of a public hearing on this? I would have a lawyer write them letters, and also have him or her write to the city or county land use agency requesting copies of the relevant permits.

Re: damages caused by day care center

I agree with Mr. Stone's assessment of your problem.

In addition, most cities, and counties, have noise ordinances. Check with your local law library, or city hall, or wherever you can. Your zip code indicates you are in Santa Barbara, and I am sure you can find the ordinances at the court house.

I would also retain an attorney, because an attorney's letter can frequently result in an amicable settlement without necessity of a law suit.

Good luck!

Re: damages caused by day care center

If you go down to your local city offices and ask to talk to a planner, they can probably walk you through what occurred from their standpoint and give you a pretty good idea of whether there was an approval process. This would generally be a nuisance situation in relation to the excessive noise and you may have an action in that direction also. There is a duty for the day care facility, if properly there, to operate its business in a manner that does not unduly affect surrounding residential owners. An attorney can help you walk through these issues and help create a more "neighborly" situation. I have handled similar cases and would be pleased to talk to you although it sounds like you're not close to my office in Fresno.

Re: damages caused by day care center

Your facts strongly suggest a cause of action (legalese for grounds for lawsuit) called "private nuisance." I'm mildly surprised the previous answers didn't mention a nuisance theory.

Nuisances are defined in the Civil Code and divided into public nuisances and private nuisances depending (generally) on how many people are impacted.

As a starting point, I suggest you get a copy of the Civil Code and study sections 3479 to 3484 and 3501 to 3503 to get a general sense of what your rights are and how they can be enforced. The code is available on line, but sorry I don't have the address memorized.

After you have a feel for the statutes, then see a local real estate attorney.

I don't mean to dismiss investigating the zoning and permit issues as unimportant here. They indeed are. However, without also knowing about the law of nuisance, you are only half prepared to go into battle.

Re: damages caused by day care center

You can check with City/County Building Department to see if they complied with proper zoning. Even if they have, they may still be liable to you for nuisance. You may wish to have your representative work with them, first, to see if there is a way to diminish the problem so suit is not necessary.