Judge Rules in Favor of Neighbors Suing Nuisance BMW Owner
After five years, one online courtroom visit, neighbors receive $5,500 total from BMW owner whose reckless behavior disturbed the peace.
When it comes to BMW, a certain stereotype lurks behind. One of a minority of owners acting and driving without class, respect or consideration for anyone but themselves. Alas, as is the case with such loud groups, their actions paint the rest of the BMW community with a broad stroke that ultimately hurts every enthusiast.
This was apparently the case for one Carlsbad, California neighborhood who had to deal with the antics of BMW owner Bryan Hillman. As Tire Meets Road reports, a San Diego County court judge ruled in favor of the neighbors in a short hearing held online due to pandemic restrictions.
A pair of neighbors living across from and behind Hillman first served the lawsuits to him in May, one for $10,000, the other for $5,000. The lawsuits arrived after five years of “reckless driving” of his three BMWs equipped with “loud modified mufflers.” According to Motor1, said BMWs are an E39 5 Series, an E46 3 Series, and an E36 3 Series. Requests made by the neighbors to Hillman’s mother, Debbie (who owns the home she and Bryan live in), were met with inaction.
Before the lawsuits were filed, though, Tire Meets Road says the neighbors sent Cease and Desist letters to the Hillman household, one in February, one in March. Both were marked “no response.” Throw in verbal assault and intimidation, and you have all the reasons to press forward to serve lawsuits.
Fast-forward to late July, when the three parties met in an online courtroom due to pandemic restrictions. Upon looking over the evidence, the judge wrapped up the case in 20 minutes. The neighbors received $5,000 and $500, instead of the $10,000 and $5,000 originally sought. Meanwhile, the total Hillman paid out, including the aforementioned damages, amounted to $5,914.74.
MotorTrend reported the lawsuits were filed with California’s civil code on their side, which includes “a tenant’s right to ‘quiet possession.'” If the neighbors were able to have gathered more evidence, though, then they likely would’ve gotten their desired settlements.
That said, it shouldn’t have gone this far. All Hillman had to do was not live up to the BMW owner stereotype in the first place.
Photos: BMW, Tire Meets Road
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