According to Dipuzo’s cross-complaint, Babbitt “routinely and regularly smokes cigars on the exterior of the patio” of his condo and that “cigar smoke is allowed to waft into the windows of the DiPuzo Condo.”  In May 2002, Babbitt claimed that DiPuzo had assaulted him.  A temporary restraining order against DiPuzo was dissolved by the court after a hearing.  DiPuzo claims that he has suffered a diminution of value of his condo in excess of $50,000 as a result of the presence of the cigar smoke.  See Carmony, D., “Home Smoker Facing Lawsuit,” Press-Enterprise (Riverside, CA), February 19, 2003; and Mahr, C., “Cigar Smoke Suit Moves Toward Trial,” The Desert Sun (Palm Springs, CA), March 3, 2003.

Superior Court of California, County of Riverside Desert Judicial District, Indio Branch, No. 029645.