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Wurstkuche Restaurant Sued by Artist Neighbor

by J.A. Citizen Thursday, Sep. 02, 2010 at 1:32 PM

Wurstkuche Restaurant sued for the illegal use of an Artist in Residence unit in LA Arts District.

     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.”

Wurstkuche delivery in front of David Goldner’s Studio
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

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To speak for myself... David Goldner Thursday, Sep. 02, 2010 at 4:50 PM

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