Superior Court of The State of California County of Los Angeles, Central District
Superior Court of The State of California County of Los Angeles, Central District
24 2. I own a property located at 23931 DeVille Way, Malibu, CA 90265. The property is a
2 complex as I have been living in. His address was 23933 Deville Way, Malibu, CA 90265.
4 smoking, shouting and playing loud music from 10 pm till the early hours in the morning in a
5 common area subject to CCRs which the area is separated from my property by a wall and
6 windows. These activities were repetitive in nature and were occurring at least three time a
8 6. I had never had a need for this type of action in the 12 previous years of residing there,
9 but felt threatened and vulnerable in the situations and in need of protection for my son and
10 me.
11 7. Multiple times I asked Mr. Hamburger to stop above disruptive activities in the common
12 area at night but he did not stop and he continued his abusive and disruptive activities in the
13 common area.
14 8. Besides that, there was an incident that Mr. Hamburger's guest started screaming in
16 9. As a result of above disruptive activities and behavior, I was not able to sleep at night and
17 I suffered substantially from stress and anxiety. Due to the fear and anxiety that I was
18 suffering, I was not able to concentrate and perform any professional work.
19 10. I claim for infringement of covenant of quiet enjoyment. CCR§ 3.03 of the
20 condominium, in which I am residing, requires occupants of units to not interfere with quit
21 enjoyment of occupants.
22 11. I have been paying $8,342.46 mortgage and I suffered from this disruption from July
23 2016 to May 2017, for eleven (11) months. Therefore, I am claiming $27,530.00 which is
24 30% of the total payments I made for my house during the 11 months ($91,767.06) because of
26 12. To stop his disruptive behavior, initially, I asked Mr. Hamburger in writing and verbally
27 to stop his disruptive activities in common area at night. My repeated pleas to stop the
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DECLARATION OF SHERI SWIST
aforementioned activities and appeals to the HOA had no effect on Defendant Hamburger. He
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2 continued to pursue his course of conduct until the date he moved out in May 2017.
13. During the period of Defendant Hamburgers tenancy I had to summon police not less that
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4 10 time to stop him. However, it did not have any effect on him because he would continue
6 14. Defendant Hamburger would stand outside my window smoking cigarettes and staring
7 into my home including when I was teaching small children piano lessons. Mr. Hamburger
8 purposefully put two chains in the space pointing directly into my living room to intimidate
10 15. I was not able to work because oflosing entire nights sleep on regularly basis during
11 Defendant's tenancy because of the loud partying that was going on right outside or my
12 window.
13 16. I suffered severe emotional distress -and actually dreamed going home at night for fear of
14 what kind of intimidation and foul language including racial slurs would be hurled at me and/
15 ormy son.
16 17. In this suite, I raised following causes of action against Mr. Hamburger, 1) Negligence 2)
18 Nuisance
19 18. I alleged negligence cause of action in my complaint because Mr. Hamburger owed
20 general duty of care to me to not harm me. He breached his duty as a neighbor by causing
23 19. As a result of Mr. Hamburger's abusive and disruptive behavior which was explained
25 20. His disruptive behavior stressed me out and caused anxiety for me. During that time I
26 was able to sleep at night and because of my sleep deprivation, I was not able to work
27 professionally.
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DECLARATION OF SHERI SWIST
21. As a Jaw clerk with Law Offices of Thomas A. Nitti, I am responsible for preparation of
2 legal drafts, including complaints, declarations, discovery requests, responses and other
4 reasoning. I started working for Mr. Nitti in 2016. My earning capacity was diminished
5 because of my inability to sleep through the night. I lost around 172 hours of work which
11 behavior. But for his disruptive activities, I would not suffer emotional stress and loss wages.
12 24. I sued Mr. Hamburger for Intentional Infliction of Emotional Distress. He had intent to
13 harm me because despite my warnings and HOA's warning to him to stop his abusive
18 damages.
19 27. Wherefore I am respectfully requesting that the court award to Plaintiffs judgment against
20 Defendant Hamburger in the sum of $151,290.00 which is $12,900.00 for los on income;
21 $10,000.00 for emotional distress; $27,530.00 for loss of quite enjoyment; and $100,860.00
24 foregoing is true and correct. This declaration is executed on August 7, in Malibu, California.
25 Respectfully submitted,
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SHERI SWIST
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DECLARATION OF SHERI SWIST