Judge Issues Restraining Order In Laguna Beach Neighbor Dispute

LAGUNA BEACH, CA —There will be no more loud music and a good distance spread between these Irvine Cove neighbors. Following a year of dispute and several months in court, a judge decided against an Orange County billionaire and his live-in girlfriend. On Wednesday, Orange County Superior Court judge has issued a restraining order against billionaire Bill Gross and Amy Schwartz for harassing his Laguna Beach neighbor with loud music.

The dispute between the two erupted when Gross' neighbor—Mark Towfiq, and his wife, Carol Nakahara— filed a complaint with the city over a net-covering erected over a million-dollar outdoor art installation on Gross' property.

Gross and Schwartz installed the $1 million 22-foot long sculpture in 2019, 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, which obstructed their view even more.

According to previous reports, when Towfiq told the city that the structure blocked his view, an onslaught of Gilligan's Island and Green Acres theme music began.

Orange County Superior Court Judge Kimberly Knill cited the testimony of Gross' own noise expert in supporting her opinion that the music, such as the repeated playing of TV theme show songs like "Gilligan's Island," had a traumatizing impact on Mark Towfiq and his wife.

Knill noted that the testimony showed how the military and 7-Eleven convenience stores use music against adversaries and loiterers, respectively.

"While it was offered in favor of Gross and Schwartz, it actually supports the case against them," Knill said.

Towfiq and his wife "both suffered substantial stress," the judge said, noting that the couple left their home one weekend to avoid the noise, then moved their bedroom to the other side of the house so they could get some sleep.

Towfiq "had difficulty focusing and working at home," and he and his wife "lost sleep and appetite," the judge said, adding, "there is a reasonable probability the acts will continue in the future."

Gross and Schwartz are prohibited from harassing their neighbors and must stay five yards from the couple. They are also prevented from playing outdoor music that violates the city's ordinance and cannot have the backdoor speakers when no one is in the yard.

Knill denied Gross' restraining order request to prevent Towfiq from "peeping" on him and Schwartz.

The judge said Gross had failed to show that his claims of Towfiq obsessively "leering" at Schwartz rose to the level of harassment and that Gross did not raise the issue until after Towfiq filed the restraining order.

The judge also said Gross called the police just once on the issue.

Gross "testified he was the jealous type and didn't want (Towfiq) leering while Schwartz was swimming alone," Knill said. "But this behavior does not constitute harassment against Gross."
Knill noted that police advised Towfiq to document the noise complaints, so he did with iPhone videos. None of Towfiq's cameras on his property are pointed at Gross' property, and they are typical for security reasons, Knill said.

The judge said there was no "credible evidence Towfiq is dangerous."

But the judge said Towfiq stepped over the line in one video in which he caught Gross in swimming attire in the backyard. If Towfiq aimed to document the noise, he could have easily achieved that by pointing the camera in his smartphone elsewhere, she said.

"This video unsettles the court," Knill said.

The judge "cautioned" Towfiq that it would provide fodder for a future restraining order request by Gross if it continued. However, as it stands, the single "disturbing incident" doesn't amount to ongoing conduct justifying a restraining order, she said.

Towfiq sued Gross and his "life partner" Schwartz, a former tennis pro, alleging that the two repeatedly and loudly play TV show theme music from such shows as "Gilligan's Island," "Green Acres" and "M*A*S*H," to harass him for filing a complaint against Gross for erecting a large net to protect a pricey outdoor art installation. Towfiq alleged that the net obscures his view.

Gross, the founder of Pacific Investment Management Co., filed a cross-complaint alleging Towfiq was "peeping" on his neighbor and his girlfriend and harassing them with smartphone videos of the two.

"There is a pattern here. It is intentional and demonstrated by clear and convincing evidence," Towfiq's attorney, Chase Scolnick, argued last week.

The music the PIMCO founder and Schwartz played was "so loud it could drown out the noise of" Pacific Coast Highway, Scolnick said, adding it was sometimes played when no one was at the Gross residence.

When Towfiq "wouldn't back down" and began "documenting" the raucous music, which sometimes had the rapper 50 Cent on the playlist, Gross "became further enraged," Scolnick said.
"He told Mr. Towfiq, `I'm going to sue you,"' Scolnick said. "And that's what he did."

G. Jill Basinger, the attorney for Gross and Schwartz, disputed that the music was played "day in and day out." She said there was only one time "Gilligan's Island" was played past the city's nightly curfew, and it was at 11 p.m.

"They like music, they play music," Basinger said. "They dance to music... There is no evidence this music is loud."

Basinger said that when a video of the music playing was shown in court during the hearings, "they had to crank it up" to be heard.

Basinger also denied that Gross and Schwartz were retaliating against Towfiq because of the complaint about the net.

"We believe it will be permitted" by the city eventually soon, Basinger said. "The permitting is happening."

Basinger argued that even if the judge granted the restraining order, it "should go away" when the net is permitted.

"It's not about `Gilligan's Island' or `Green Acres,"' Basinger said. "They don't want any music played in their yard, but, I'm sorry, that's not what the law is, what the code is ... They play the music they like."

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