A law suit has been filed in Los Angeles court against Joseph Pitruzzell
and Tyler Wilson, owners of Wurstkuche restaurant, for the illegal use
of an artist in residence unit they are renting in a building directly
next to their restaurant in the LA Arts District. Case # LAM 10M07169.
The law suit, file by their neighbor, local artist David Goldner, alleges
the restaurant is illegally using the artist loft directly next to him
as a 24 hour warehouse for all their restaurant supplies, with no regards
for the building’s residence what so ever.
“These
are the most self centered, inconsiderate neighbors I have ever had to
endure!” says their artist neighbor, David Goldner. "They have turned
a creative environment into a nightmare! This is my forth studio
in the arts district in 25 years. These guys come down here and have
absolutely no regard for the fact that I as well as many other artists
actually live here in this district. We are the reason it is the
Arts District!”
“Wurstkuche
who is at 800 E. 3rd St. on the corner, rented the unit in my building
right next to me at 808 E. 3rd St.. I’m in unit 808 1/2 , directly next
door. It’s bad enough that I am now forced to endure the constant
noise because daily, they turn the sidewalk right next to my window, literally
three feet away from where my desk is located, into a loading dock for
their pallets of beer kegs and boxes of bulk restaurant supplies, but they
just don’t stop there! They are dragging their kegs and supplies
in and out of unit 808 in this AIR building well past 2:00 AM almost every
night and then wake me up at 5, 6, 7 in the morning with even more deliveries!
It just doesn't stop! And there lack of consideration for their neighbors
is just appalling. And they are very aware they are disturbing me
daily because I have come out and confronted them and have for 18 months
now! Joseph Pitruzzell and Tyler Wilson are totally self centered
and just don’t care!” David insists. “They have tortured me
with there total lack of consideration for 18 months now and that is why
I finally filed the law suit against them both.”
A Wurstkuche delivery in
front of David Goldner’s Studio in the LA Arts District.
“And the
management and building owners have been just as bad for doing nothing!
“I was forced to file this law suit…” David goes on. … “The building’s
owner’s Paul Solomon and Allen Schneider, and management, David Schneider,
all know very well this is an improper use of that space and a total breech
of my quiet enjoyment of this unit as a live / work space. It is
a total misuse of that artist in residence unit directly next to me and
they very well know it. But despite 18 months of complaints they
have been complacent and indifferent to stop it.”
David
suspects they are charging a lot more money for that space commercially
and don’t want to give up the income. David has also filed suit against
his building’s management for the “breech of quite enjoyment” of his artist
in residence unit and says he hasn’t ruled out suing the building’s owner
who actually leased the space to Wurstkuche.
“We’re
in court on 9-23-10 and I guess I got lucky with the timing." David tells
us... "After hounding the city for many months now about this situation,
I just got notice that the Los Angeles Department of Building and Safety
has finally agreed with me about the illegal use of that AIR unit.
Last week, they issued an "Order to Comply" to both Wurstkuche restaurant
as well as an “Order to Comply” to Paul Solomon, the building's owner.
The order says they must stop the use of unit 808 as a warehouse and return
the unit back into an actual artist in residence live / work space.
This order was issued on 8-24-10 by LADBS."
“To date,”
David says… “neither Wurstkuche or the management has made any effort to
comply. Nothing! They do have until the 24th of September.
But I can see from their superficial actions and their continued arrogant
attitude that they most likely will make no effort to actually comply with
the order. I guess I'll know by my court date which is the day before
the deadline that they are supposed to comply by.”
David
says if they fail to comply, and just take the fine and plan to continue
this illegal usage, I do hope the city of Los Angeles and council women
Perry's office will urge them to do the right thing and stop the illegal
usage of that AIR unit, so he doesn't have to waist more time and energy
on this. David says he would hate to have to turn his efforts toward
suing the city of Los Angeles itself in order to force compliance.
But he insists he is fight for all the artist rights in the LA arts district
will do what is necessary to enforce the right as an artist to live and
work here in peace.
--J.A. Citizen