Knill agreed with Towfiq and in December ordered the couple to stop playing music when they weren’t outside and to abide by municipal codes and not disturb their neighbor’s peace.
That lasted about six months, Towfiq said.
Towfiq and Nakahara testified they were jolted out of bed while watching TV in July by loud music coming from the Grosses’ property. Towfiq took videos to record the music and Nakahara called the police. Although officers urged the Grosses to turn off the music, and expressed sympathy to Towfiq and his wife, no charges were filed.
Bill and Amy Gross insisted the music was within the legal limit of 60 decibels and they turned it off shortly after being asked to do so by the police.
Knill said Amy Gross’s testimony was “lacking in credibility,” while Bill Gross was “defiant and contemptuous.”
During the trial, Knill toured the two properties and got to hear what the music sounds like from Towfiq’s home at various levels.
She was also shown videos from Towfiq’s phone, security camera and one from Amy Gross’s iPhone that showed the former professional tennis player yelling “I am outside,” while in the pool. She said she had to announce she was outside so Towfiq wouldn’t call the police.
“What the court viewed on the videos is nothing short of unadorned contempt,” Knill said in handing down the ruling.
She rejected Towfiw’s claim that the Grosses put up a 15-foot-high umbrella on their lawn to annoy their neighbors by obstructing their view of the ocean.
“The view is vast and gorgeous,” the judge said. She called the complaint “petty.”