\r\nA law suit has been filed in Los Angeles court against Joseph Pitruzzell\r\nand Tyler Wilson, owners of Wurstkuche restaurant, for the illegal use\r\nof an artist in residence unit they are renting in a building directly\r\nnext to their restaurant in the LA Arts District. Case # LAM 10M07169. \r\nThe law suit, file by their neighbor, local artist David Goldner, alleges\r\nthe restaurant is illegally using the artist loft directly next to him\r\nas a 24 hour warehouse for all their restaurant supplies, with no regards\r\nfor the building’s residence what so ever.\r\n<\/p>
“These\r\nare the most self centered, inconsiderate neighbors I have ever had to\r\nendure!” says their artist neighbor, David Goldner. \"They have turned\r\na creative environment into a nightmare! This is my forth studio\r\nin the arts district in 25 years. These guys come down here and have\r\nabsolutely no regard for the fact that I as well as many other artists\r\nactually live here in this district. We are the reason it is the\r\nArts District!”\r\n<\/p>
“Wurstkuche\r\nwho is at 800 E. 3rd St. on the corner, rented the unit in my building\r\nright next to me at 808 E. 3rd St.. I’m in unit 808 1\/2 , directly next\r\ndoor. It’s bad enough that I am now forced to endure the constant\r\nnoise because daily, they turn the sidewalk right next to my window, literally\r\nthree feet away from where my desk is located, into a loading dock for\r\ntheir pallets of beer kegs and boxes of bulk restaurant supplies, but they\r\njust don’t stop there! They are dragging their kegs and supplies\r\nin and out of unit 808 in this AIR building well past 2:00 AM almost every\r\nnight and then wake me up at 5, 6, 7 in the morning with even more deliveries! \r\nIt just doesn't stop! And there lack of consideration for their neighbors\r\nis just appalling. And they are very aware they are disturbing me\r\ndaily because I have come out and confronted them and have for 18 months\r\nnow! Joseph Pitruzzell and Tyler Wilson are totally self centered\r\nand just don’t care!” David insists. “They have tortured me\r\nwith there total lack of consideration for 18 months now and that is why\r\nI finally filed the law suit against them both.”\r\n<\/p>
\r\n
A Wurstkuche delivery in\r\nfront of David Goldner’s Studio in the LA Arts District.\r\n<\/p>
“And the\r\nmanagement and building owners have been just as bad for doing nothing! \r\n“I was forced to file this law suit…” David goes on. … “The building’s\r\nowner’s Paul Solomon and Allen Schneider, and management, David Schneider,\r\nall know very well this is an improper use of that space and a total breech\r\nof my quiet enjoyment of this unit as a live \/ work space. It is\r\na total misuse of that artist in residence unit directly next to me and\r\nthey very well know it. But despite 18 months of complaints they\r\nhave been complacent and indifferent to stop it.”\r\n<\/p>
David\r\nsuspects they are charging a lot more money for that space commercially\r\nand don’t want to give up the income. David has also filed suit against\r\nhis building’s management for the “breech of quite enjoyment” of his artist\r\nin residence unit and says he hasn’t ruled out suing the building’s owner\r\nwho actually leased the space to Wurstkuche.\r\n<\/p>
“We’re\r\nin court on 9-23-10 and I guess I got lucky with the timing.\" David tells\r\nus... \"After hounding the city for many months now about this situation,\r\nI just got notice that the Los Angeles Department of Building and Safety\r\nhas finally agreed with me about the illegal use of that AIR unit. \r\nLast week, they issued an \"Order to Comply\" to both Wurstkuche restaurant\r\nas well as an “Order to Comply” to Paul Solomon, the building's owner. \r\nThe order says they must stop the use of unit 808 as a warehouse and return\r\nthe unit back into an actual artist in residence live \/ work space. \r\nThis order was issued on 8-24-10 by LADBS.\"\r\n<\/p>
“To date,” \r\nDavid says… “neither Wurstkuche or the management has made any effort to\r\ncomply. Nothing! They do have until the 24th of September. \r\nBut I can see from their superficial actions and their continued arrogant\r\nattitude that they most likely will make no effort to actually comply with\r\nthe order. I guess I'll know by my court date which is the day before\r\nthe deadline that they are supposed to comply by.”\r\n<\/p>
David\r\nsays if they fail to comply, and just take the fine and plan to continue\r\nthis illegal usage, I do hope the city of Los Angeles and council women\r\nPerry's office will urge them to do the right thing and stop the illegal\r\nusage of that AIR unit, so he doesn't have to waist more time and energy\r\non this. David says he would hate to have to turn his efforts toward\r\nsuing the city of Los Angeles itself in order to force compliance. \r\nBut he insists he is fight for all the artist rights in the LA arts district\r\nwill do what is necessary to enforce the right as an artist to live and\r\nwork here in peace.\r\n<\/p>
--J.A. Citizen\r\n
\r\n\r\n\r\n<\/p>\n","contact":"J.A.Citizen@hotmail.com","link":"http:\/\/www.angelfire.com\/electronic\/JACitizenEditorials\/Wurstkuche2010.html","address":"","phone":"","parent_id":0,"mime_type":"text\/html","summary":"Wurstkuche Restaurant sued for the illegal\r\n use of an Artist in Residence unit in LA Arts District.","numcomment":1,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2010\/09\/241546.php"},"attachments":[],"comments":[{"id":241550,"heading":"To speak for myself...","article":"This is a response to Jonathan Jerald (below)\r\n\r\nJon,\r\nThis area was light industrial in 1920. I've done my homework. When the city granted this building residential status in 1997, residential rights came along with it. That can't be ignored. Joseph and Tyler are not respecting that at all, and that is for their own convenience! They are literally keeping me up all fucking night then waking me early in the morning! This has been torture since they moved in! They have literally woken me up hundreds of times at this point. They use to apologize. But no more. Now they just don't care. They first took that space temporarily and then kept it because it was convenient with no regard fore me what so ever! I tried to work something out with them for over a year. But as they grew, so did their arrogance to the point where they just don't give a fuck if they are disturbing me all night or not. I've had enough.\r\n\r\nYou can not put a commercial business right next to a residence and let that business make noise 24 hours! And The city of LA, the LADBS has agreed with me and issued an order to change it back to an AIR unit. It's not the restaurant at 800. E. 3rd. I have a problem with... It's the fact that they are using the AIR unit next to me, 808 E. 3rd. as a 24 hour warehouse with absolutely no regard for the fact that I live here on the other side of a thin plaster board, uninsulated wall. And I'm suing the landlord too because they should know better and have done nothing to stop this for more then 18 months now.\r\n\r\nWhen I moved in, that unit was a rock and roll recording studio with 4 people living in the back. But I had no sound problems at all because it was totally sound proofed. But management refused to renew Jeb's lease and he did not want to be here on a month to month basis after 12 years. So he left and they gutted the place. It has not been insulated since it was rented out to Wurstkueche. But it's not just the insulation in the walls. They are literally dragging stuff from the restaurant to the door right next to my window in the middle of the night! I can hear them coming before they even get to that unit! And then I hear everything else through the walls once they get inside! They have woken me even after taking Ambien! I've been down here for 25 years. This is not right. I have the right to live here in peace and did for years before they got here! This is not what an AIR should be used for. And again... It's stops now as far as I'm concerned.\r\nDG\r\n\r\n\r\nOn 9\/1\/2010 6:19 PM, Jonathan Jerald wrote: \r\nThis is a bit strange. The Los Angeles River Artists and Business Association, the Arts District community betterment association, and the Los Angeles Downtwon Arts District Space, the community 501c3 arts non-profit, both endorsed Wurstkueche when Joe and Tyler came to the community to enquire if their business would be welcome. The location, on the corner of Traction and Third, is across from three other restaurants and down the street from a coffee shop. In this mixed-use space, Wurstkueche is an ideal fit. This is the first complaint I have heard from a resident artist. I think this has more to do with the fact that David Goldner's studio is directly adjacent to the Wurstkueche office. David should understand that the price of living in a mixed-use community is living cheek-by-jowl with real businesses. If he has a problem with an immediate neighbor who leases space from the same landlord he rents from, he should take it up with their mutual landlord. ","author":"David Goldner","parent_id":241546,"mime_type":"text\/plain","created":"2010-09-02 23:50:59","modified":"2010-09-02 23:50:59","fileurl":""}]}