Legal Question in Real Estate Law in California

Hi, I am not sure what practice this would fall under but my best guess would be civil. My wife occasionally cooks food for some friends, around 10 people, who would come by our home in Fremont, CA to pick their portion. She makes killer cucumber dish and when we brought them to a party, they went quick and she has since been asked to make them every so often. Well, a neighbor started complaining about how the amount of traffic on our quiet street has increased and she says the noise level is bothering her. People usually come around 6-7 in the evening every other week and they simply drop by to pick up the food and leave within a few minutes with negligible noise levels. The neighbor is threatening to file suit if this continues. What are my rights in this situation? We live in a residential area, non-gated, without any CC&Rs that I'm aware of.

Thanks


Asked on 11/21/10, 4:14 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yuck. Cucumbers?? Tell the neighbor to go pound sand. Maybe set up your own microphones and cameras in case you have to prove it wasn't such a big deal. Ask your diners if they will testify on your behalf, you might find out who your friends really are!

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Answered on 11/26/10, 4:27 pm

You are pretty much certain to be in violation of a large number of zoning and health laws. If you don't placate the neighbor, you can pretty much count on the city shutting you down, and possibly facing significant fines. You should also realize that you cannot insure for an illegal food business, so if anyone ever gets sick from your wife's food, they'll probably own your house. Home food service businesses always sound like a great idea, but the risk of fines and lawsuits is phenominal because they are always illegal.

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Answered on 11/27/10, 12:50 pm
Anthony Roach Law Office of Anthony A. Roach

I seriously doubt that people are driving to your house at various times to pick up cucumbers. You meant drugs, right?

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Answered on 11/27/10, 2:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Preparing food for sale in a kitchen that doesn't meet commercial specifications, including inspections, violates the Health & Safety Code. I agree with Mr. McCormick that you run a big risk, not based on zoning concepts so much as the food-safety laws.

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Answered on 11/27/10, 10:13 pm


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