Barking dogs lead to lawsuit

A long-running animal nuisance dispute between two La Cañada property owners on Palm Drive has escalated into a lawsuit, both parties confirmed.

Ron and Nancy Garret, who live in the 5400 block of Palm, filed suit against their neighbor directly to the south, Jennifer Merkel, on April 28 alleging that Merkel’s dogs bark loudly and incessantly, waking them at odd hours and prohibiting them from enjoying their backyard. The most egregious of the animals, the Garrets said, is Merkel’s pit bull, Magnum.

Since 2005, the “defendant has occupied, used, and maintained her premises in such a manner that has caused, allowed and permitted her dogs to create a private nuisance as a result of their barking during the late evening and early morning hours, and while plaintiffs are in their backyard,” the lawsuit, filed with the Los Angeles Superior Court, reads.

Merkel has yet to formally respond to the lawsuit. She said that it could set a dangerous precedent for other, similar cases.

“This is asinine,” Merkel said. “This is a waste of judicial time; second, a waste of my money; third, I don’t think he has a legal basis to stand on.” She added that if the Garrets win the suit it will encourage others to sue neighbors who have dogs that bark.

The Garrets said that they were reluctant to take legal action, and even more reluctant to discuss it publicly. The suit was filed, they said, only as a last resort after Merkel cut off all communication with them.

“Our goal in filing the lawsuit is not because we want to win the lawsuit, but to try and communicate,” Ron Garret said. “We are trying to use the letter of the law to force communication.”

While the city of La Cañada Flintridge does have laws regarding the types and number of animals residents can have on their property, there is no municipal code specific to animal-related noise. Public safety coordinator Peter Castro said such complaints are usually made directly to the sheriff’s department or the Pasadena Humane Society, which contracts with the city to handle animal issues.

Sheriff’s Deputy Eric Matejka said the department receives less than one dog barking complaint a week in La Cañada. Dereck Hensel of the Pasadena Humane Society also said such calls are few and far between, but that there is a formal process in place to address them.

First, the pet owner is notified that a complaint has been filed and is given 10 days to rectify the situation, Hensel said. If it persists, a second notification is sent and the complainant and other neighbors are asked to keep a bark log to record the barking activity.

“The reason we do that is because it is very difficult thing to prove,” Hensel said. “Dogs bark, that is something normal for dogs. We are trying to establish that this particular animal barking constitutes a nuisance. In order to do that it has to be more than one party.”

There are several options to combat excessive barking, Hensel said, including training classes and citronella spray collars. In only the most extreme cases do such disputes end up before a judge, Hensel said.

Both parties on Palm Drive agree that the dispute surrounding Magnum has been ongoing since the Garrets moved to the property four years ago. The agreements, however, stop there.

The Garrets maintain they have tried repeatedly to approach Merkel with an open and friendly attitude in an effort to find a reasonable solution to the barking.

They have called and sent hand-written letters explaining how the noise disturbs their sleep and interrupts their work (both work from home), all to no avail.

The phone calls go unanswered and the mail is returned unopened, they said.

Their lawyer, Cameron Totten of the firm Moore and Associates in Pasadena, sent a notice to Merkel two weeks before filing the lawsuit to warn her it was coming and to encourage her to initiate dialogue. That letter was also returned unopened, the Garrets said.

Merkel confirmed that she has cut off all communication with her neighbors, but said it is for her own protection. She alleges that the Garrets have antagonized her dogs and harassed her.

There is a no trespassing notice on her door that she claims Ron Garret has violated on several occasions. Merkel added that Magnum has completed multiple behavior classes at the Pasadena Humane Society, and that she has taken measures to keep her dogs from distressing the neighbors.

The Garrets said there have been periods of improvement, but what they want is a permanent solution. They are requesting that the dogs be quiet between 9 p.m. and 9 a.m. on weekdays, and 10 p.m. and 10 a.m. on weekends.

They said they would gladly drop the suit if Merkel would speak with them and work to reduce the barking.

“All we want is to be able to sleep in our house,” Ron Garret said.

“We didn’t want to file a lawsuit. We don’t want her money.”