Smith and Jones occupy adjacent commercial premises in the City of Hamlet, California. Smith has retained a contractor to renovate his commercial premises. Noise from the renovation has disturbed the therapy practice of Jones.
Smith claims that prompt completion of the renovation is critical to his avoiding significant financial loss. He estimates completion of the construction by the end of November, 1994. Jones claims that noise from the renovation exceeds maximum levels established by an ordinance of the City of Hamlet. Jones also claims that the noise has interfered with his effective treatment of patients and has caused the loss of some of his patients.