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Cross, co-founder of investment firm BIMCO, and his partner Amy Swartz have set up a large glowing glass art installation on their Laguna Beach property in a property line shared with their neighbors, including Mark Topik, CEO of data center development company Nextford Ventures, and his wife, Carol Naha. And according to a lawsuit filed by Nagahra. Cross and Swartz later installed large poles and a safety net above the installation, and Dow Pick and his wife accused the art installation of partially obstructing their sea views.
After several months of unsuccessful attempts to discuss the matter with the Cross, according to Dow Pick and Nagahara, they lodged a complaint in the coastal city of Laguna in June. The complaint prompted the city to investigate, alleging that the installation, network and lighting violated the city code and did not have proper permits.
Shortly afterwards, Tofiq and Nagahara accused Cross of retaliating against them, at various hours of the day and night – “including pop or rap music,” and often in a series of “highly musical and bizarre audio recordings” of TV theme songs, according to the lawsuit. Including a cycle “Gilligan Island” theme.
On October 13, Cross and Swartz first sued Dauphic. Dow Pick and Nakahara filed their own lawsuit the next day, October 14th.
Dowfick accuses himself and Swartz of “peeking” en masse, and according to court documents, Cross’s case is seeking a restraining order. The lawsuit was probably funded by Tawfiq and Nagahara, who were accused of carrying out a “targeted campaign against harassment and abuse” following a dispute over the installation of an art sculpture on Cross’s property.
“Mr Tofic has harassed and invaded the privacy of Mr Cross and his life partner Amy Swartz,” said Jill Basinger, a lawyer representing Cross, in a statement to CNN Business. “We reluctantly brought a complaint because of the defendant’s foreign behavior, which goes back many years within this community and with other neighbors.”
Dawfiq called Basinger “bullying” and “revenge,” and said he had been “an aggressor toward Mr. Cross and Mrs. Swartz.”
But Tofik and Nakahara’s lawyer said the opposite.
“Mr. Cross is a billionaire who has become accustomed to bullying colleagues, family and neighbors,” said Jennifer Keller, a lawyer representing Taufik in a statement to CNN Business. “Cross filed his own complaint as an advance strike after learning of my clients wanting relief from the court.”
The couple accused Cross and Swartz’s of trying to drop their complaint with the city. During an incident, when Dawfik was asked “respectfully” to reject music, Cross responded, “Silence or well on all fronts.” [sic] Keep the night shows big guy, ”complains Topic.
Tufik complained that the abuse was so tragic that it forced Tawfiq and Nakahara to leave their home and stay elsewhere. Both were issued a temporary restraining order on October 16.
Cross and Swartz have been living on their Laguna Beach property since 2018, usually staying at their home on weekends, according to Tofick’s lawsuit. Tofik and his wife have been living in their home since 2009.
The trial is scheduled for Nov. 2, according to representatives for both Total and Doubick. The inquiry is to determine whether civil harassment prevention orders will be issued.
A total extension has been granted until November 16 to obtain formal approval. According to the total lawyers, he is “in the process of allowing it”.
Correction: An earlier version of this story was misrepresented when the restraining order against Cross came into force. It came into effect on October 16th.
