From Basketball Court to Court of Law: It’s No Game

Reasonable attorneys that they say they are, Michael Rubin and Kenneth Schild insist that they have little use for needless litigation.

Yet, for more than a year, the Encino neighbors have been sniping at each other with lawsuits, countersuits, restraining orders and other legal salvos in a conflict that has moved from the Schilds’ back-yard basketball court to Los Angeles Superior Court in Van Nuys.

The first skirmish occurred at about 6 p.m. on March 9, 1989, in a neighborhood where tax attorney Schild estimates the homes range in value from $500,000 to $1 million. After a hard day at the office, Rubin said, he had wanted to nap before entertaining a friend. Schild and his son, who were playing basketball on their back-yard court, wanted to keep playing until dinner, about 10 more minutes.

Both lawyers agree that Rubin then sprayed the Schilds with his garden hose.

The legal war followed.

Schild sued first, after Rubin warned that he would enter the Schild property if necessary “to abate the nuisance.” Since then, Rubin has sued not only Schild and his wife, Gail, but the couple’s son and daughter, ages 13 and 11, their psychologists and attorneys. Rubin has even filed a product liability suit against the basketball hoop’s manufacturer.

“It’s very unfortunate, but you have someone attacking your kids in the back yard,” said Schild, a 47-year-old partner with Irell & Manella of Century City, one of the largest law firms in Los Angeles.

“I guess if nothing else, it’s a great opportunity for newspapers to make lawyers look silly,” said Rubin, 36, a North Hollywood personal injury attorney.

Rubin and Schild have done their legal homework. Rubin had sound tests conducted to measure the decibel level of bouncing basketballs. The Schilds calculated the number of hours a week available for playing ball, measuring them against the number of hours available for napping, court records show.

Both families have videotaped each other over the adobe wall between their homes. According to court records, both sides have tried to prove that their opponents are violating restraining orders--one limiting the Schilds’ basketball playing and the other forbidding the Rubins from coming into contact with the Schilds or their guests.

The Rubins have videotaped the Schilds shooting hoops, records show. The Schilds have videotaped the Rubins videotaping and photographing them . Schild claims in court papers that he videotaped Rubin spraying his son a second time on April 1 of this year. On tape, Rubin reportedly said, “You play and I’ll spray--got that?”

Rubin does not deny making the statement.

Even the lawyers’ wives have been involved, court records show. Gail Schild claims that a pregnant Yifat Rubin once told her: “It is my war now. You think spraying with a hose bothers you, that was a joke. You’re dealing with me now--just wait--just try to have a barbecue.”

Michael Rubin said he did not hear his wife make that statement.

The Schilds refer to the property line they share with the Rubins as the “musical harassment point,” claiming that the Rubins play loud rock music as a bullying tactic. Rubin claims that the Schild children played basketball to annoy his wife.

At one point, according to court records, the Schilds sought psychological counseling, claiming they suffer headaches and sleepless nights. Rubin has written that his nights are “haunted by the fear of being suddenly awakened by the obnoxious sounds.”

In his suit against the Schilds, Rubin seeks more than $2 million in assorted damages, claiming injury “in his health, strength, and activity.” Schild says his lawsuit, which seeks general damages, is to protect his children’s right to play safely in their own back yard.

The attorneys insist that their attempts to settle the whole matter out of court have failed because of their opponents’ unreasonable demands. And all through the proceedings, the two lawyers have reminded each other that their usual fees are $125 to $150 an hour. Both sides claim costs in the thousands of dollars.

The lawsuit against Schilds’ psychologists and attorneys was dismissed last week and Rubin was ordered to pay $1,500 in damages to Schilds’ lawyers. It was the third time in a month Rubin had been sanctioned--a minor disciplinary measure imposed by judges. Rubin plans to appeal.