Martorano v. Fagan
This appeal arises from a prolonged dispute between two neighbors in Malibu. After Dr. David Martoranos initial complaints about the noise from Attorney Barry Fagans barking dog, Fagan began a lengthy scheme of harassment involving the playing of music in his rear yard while nobody was home, shouting invectives at Martorano, and finally installing in his rear yard a set of drums which Fagans children occasionally played. Pursuant to Code of Civil Procedure section 527.6, the trial court held a hearing on Martoranos harassment claim and then issued an order enjoining certain activities.
The injunction, in pertinent part, required that Fagan stay at least 20 feet away from Martorano and his wife, enjoined Fagan from harassing and threatening them and destroying their personal property, and placed various restrictions on Fagans use of sound producing devices at his residence. Court find Fagans challenges to the restraining order unavailing and affirm.
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