Digiacomo v. Recology CA1/4
Appellant sued respondent in December 2019. He filed his operative second amended complaint in September 2020, alleging a private nuisance claim stemming from the noise generated from respondent’s recyclables, compost, and waste collection activity late at night and early in the morning, and the noise from third-party “dumpster div[ing]” in unlocked collection bins in Maiden Lane, the alleyway below appellant’s apartment in the Union Square District of San Francisco.
In November 2020, appellant requested a preliminary injunction seeking to prohibit respondent from collecting recyclables, compost, and residual waste in Maiden Lane from 10:00 p.m. to 7:00 a.m., and seeking to compel respondent to install locks on collection bins in Maiden Lane.
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