Neighbor Vs. Neighbor As Sculpture, Noise Complaint Goes To Court

LAGUNA BEACH, CA — It's neighbor vs. neighbor in Laguna Beach as an ongoing feud about a billionaire, an enormous art sculpture, and the guy next door eroded into an ugly lawsuit.

Mark Towfiq lives in his dream home next door to the billionaire founder of Pacific Investment Management Co. He testified Monday that he and his wife are the victims of a sonic onslaught of rap, rock, and T.V. show theme songs for hours throughout the day and night.

The battle between neighbors began in late October. Gross and Schwartz installed the $1 million 22-foot long sculpture, designed by artist Dale Chihuly. Tofiq alerted him the glass swirls and lights from the artwork disrupted their view. Billionaire Bill Gross, and girlfriend Amy Schwartz, say that their sculpture was damaged by "a rock" or something thrown at it, and erected a large netting overtop, similar to a batting cage.

Even worse with the netting, Tofiq filed a complaint with the city. According to the Times, the city found that Gross and Schwartz that the sculpture and net were in place "without proper permits."

The music, Tofiq says, is retaliation for his complaint.

It started with a constant, loud and steady playing of the theme song to "Gilligan's Island." The next day, the LA Times reports that Tofiq received a text message from Gross saying "Peace on all fronts or well [sic] just have nightly concerts big boy."

On Monday, Tofiq shared 17 minutes of video, showing Bill Gross and his girlfriend, Amy Schwartz, taunting him through blared music. At times, the decibels loud enough to drive Towfiq and his wife out of their master bedroom into the other side of the house.

Orange County Superior Court Judge Kimberly Knill stopped the attorney for Towfiq from showing any more of the video, saying it was enough.She got the gist of the complaint.

Towfiq says his neighbors played theme songs for "Gilligan's Island," "M.A.S.H." and "Green Acres," as well as raps by 50 Cent at blaring volumes on repeat.

"I knew their intentions. They were trying to harass us," Towfiq testified. "It was loud enough to hear throughout the house... We couldn't sleep with that music on."

Towfiq said when he sent a note to Gross and Schwartz to please turn down the volume, he was met with a response that said, "You sure enjoyed the Kenny Loggins concert last night. What's the problem?"

Towfiq said he had a "sinking feeling" it would continue.

"I believe I responded, 'Are you kidding me? We're trying to sleep,"' Towfiq testified.

City officials had just sent a letter to the couple a few days before July 31 when the musical performances began, Towfiq said.

Towfiq testified that the two would dance around on the balcony of their home, making taunting gestures as the music blared.

He said Schwartz "flipped him off" at one point.

"At this point, it was almost like P.T.S.D.," Towfiq testified after several days of exposure to the music.

"Anything would set us off," he said of loud noises. "Both my wife and I would start hearing phantom music (at times)."

Towfiq eventually turned to the police for help. A couple of police officers previously testified they were at the home while the music blared, saying the action violated the city's noise ordinances.

Gross and Schwartz have accused Towfiq of taking an obsessive interest in his neighbors and accused him of being a peeping tom.

When asked about it, Towfiq said, "absolutely not."

Towfiq said Schwartz once hollered expletives at him as he videotaped them from his side of his property.

"She said, you m effer, stop harassing us," Towfiq testified.

"For them to say I was harassing them was unbelievable," Towfiq said.

Towfiq said he refused to give in to their demands to pull their complaint about the netting around an art installation that he said blocks his ocean view.

"We did not want to give in to a bully," Towfiq testified.

According to Towfiq, when he gave one more neighborly and police attempt to get them to turn down the music, Schwartz responded, "Hi Mark, have you dropped that art complaint to the city."

At that, Towfiq testified, "I just shook my head and thought, OK, it's clearly extortion... It was clear to me I wasn't getting anywhere."

In court papers filed last month, Gross, who is expected to testify next Monday, alleged that Towfiq and his wife, Carol Nakahara, filed a complaint that was "full of lies, willful omissions, exaggerations, and misrepresentations."

Gross and Schwartz said the two "unnecessarily escalated this case far out of proportion than it needed to be for their own selfish reasons."

They accused their neighbors of "weaponizing" local police and code enforcement officers and the court "to pursue a personal vendetta against Mr. Gross and Ms. Schwartz."

Gross and Schwartz said Towfiq knew that making the allegations against his neighbors would give him "15 minutes of ill-gotten fame" over a "glorified noise complaint."

They accused Towfiq of a "concerted effort to garner publicity for himself and become the center of Mr. Gross' attention."

Towfiq, Gross and Schwartz alleged, rented his home for an episode of HBO's "Ballers" and "failed to inform" his neighbors of the shoot, which led to the blocking of the billionaire's driveway.

Gross and Schwartz argue the netting around their art installation does not block any view of his neighbors.

City News Service, Patch Editor Ashley Ludwig contributed to this report.