Just sit right back and you'll hear a tale, a tale of a fateful trip that started near this tropic port aboard this… not so tiny lawn sculpture?
It’s said that good fences make good neighbors—but apparently they also need to be soundproof in Laguna Beach, CA. That’s where PIMCO Co-founder Bill Gross, 76, and his neighbor, Mark Towfiq, were involved in a battle of “wills” regarding a $1 million lawn sculpture (a 22-foot-long installation featuring swimming marlin, fishing globes and cobalt-colored reeds by artist Dale Chihuly, whose work adorns the Bellagio Hotel & Casino in Las Vegas)—or more precisely a 12-foot-high netting structure that Gross and his partner Amy Schwartz erected to protect the sculpture during tree trimming and stormy weather—though allegedly it became something of a permanent fixture. 
Noise Says
Not only permanent, the combination (said to be 10-12 feet away from the property line) allegedly blocked the view of Towfiq who, following what he claimed were a series of attempts to persuade his neighbor to take down the netting, filed a complaint to the city, which subsequently (on July 28) issued Gross a notice of violation stating the sculpture and netting structure lacked permits. The very next weekend, Towfiq testified, Gross began a noise “campaign.”
That noise campaign consisted of repeated loud playing of—among other things[i]—the theme song from “Gilligan’s Island” and “Green Acres.” With regard to the former, Gross and his partner claimed it was only their love of “Gilligan’s Island” that prompted them to play the show’s theme song on repeat (we’re guessing well in excess of any “three-hour tour”)—more specifically, Schwartz testified the couple had discovered that the opening credits to “Gilligan’s Island” featured a scene shot in Newport Beach… that was identical to a view from another home they have there.
The Trial
As you might expect, in their testimony, Gross/Schwartz denied playing the music loudly, noting that they had even used a decibel meter to keep an eye on such things. Instead, they claimed that Towfiq had been “stalking” them, taking pictures of them and recording them.[ii] As for the start of the bad blood, they laid it at Towfiq’s feet—alleging that he allowed the crew of the HBO series “Ballers”—who were shooting an episode on his property—to block access to Gross’s driveway during that period.
The 9-day trial[iii] included testimony from both Gross and Towfiq, their partners, Laguna Beach officials, and even a NASA scientist with expertise on sound.
However, when all was said and done, in what is a rare in-person trial these days in California, on Dec. 23, Orange County Superior Court Judge Kimberly Knill found Gross’s explanation of events “implausible.” According to Bloomberg News, Knill said “The court finds the evidence demonstrates Gross and Schwartz willfully playing music to annoy or harass their neighbors. The evidence demonstrates on Aug. 23, 2020, Gross and Schwartz manually started the playlist over and over again,” the judge said, pointing out that one 17-minute video from a camera on Towfiq’s property showed that “Gilligan’s Island” played eight times, as did “Green Acres.”
The Verdict
Knill ordered Gross/Schwartz, to not violate the noise provisions of the Laguna Beach municipal code or play music on their outdoor speakers when they are not in the yard or pool area of their seaside estate.
“People have an expectation, rightfully so, that their home is their oasis and safe place,” said Knill, who, according to Bloomberg News, cited multiple instances of music being played so loudly it could be heard inside Towfiq’s home despite concrete construction and half-inch-thick, dual-pane windows. “Music that can be heard through double-paned windows, and thick concrete walls, is harassment,” Knill said. “The music was played during the day and during the night, at different times. There is no legitimate purpose to this behavior.”
Finally, she ordered them not to come within 15 feet of Towfiq—restrictions that will be in place for the next three years.
The End?
It may not be over yet—the two men still have separate lawsuits pending against each for monetary damages, and the judge said she’d consider Towfiq’s request that Gross pay his legal fees in this case, according to Bloomberg. And, perhaps adding insult to (non)injury, Judge Knill rejected Gross’ request that Towfiq be ordered to stop taking videos and pictures of the billionaire and Schwartz—saying Gross failed to prove he was harassed.
That said, despite the judge’s ruling, the Orange County Register reports that Gross said in a statement that “the result maintains the status quo.” “We won’t play loud music because we never have,” Gross said. “But we will continue to dance the night away, Gilligan’s Island forever. Happy holidays.”
[i] Towfiq alleged that the loud music was often a mix of rap, pop, classic rock and sitcom theme songs, with the most common looped recording being the aforementioned nautical-themed audio earworm well known to generations of television viewers.
[ii] In their own complaint, the Orange County Register notes, Gross and Schwartz described Towfiq as a “peeping Tom,” who trained cameras outside his house on Gross and Schwartz’s swimming pool area, where they could be seen “swimming and thus wearing minimal, if any, clothing.”
[iii] The trial actually began Nov. 9 and concluded the week before Christmas following nine days of testimony and closing arguments, including a break when Gross and Schwartz were potentially exposed to the Coronavirus.
