BEL AIR—Comedian Kathy Griffin lost her countersuit against her neighbor Jeffrey Metzger, the CEO of KB Homes on Thursday, January 2.

Griffin’s complaint alleged that Metzger caused her emotional distress with his pattern of behavior. He is accused of calling her homophobic names and threatened her with the phrase “War’s happenin’.” Judge Holly Fujie dismissed the countersuit due to lack of evidence. Fujie noted that despite the evidence of Metzger’s loud parties, foul language and broken beer bottles there was not enough evidence to support Griffin’s claim.

It was Metzger and his wife Sandra who were the first to file an invasion of privacy lawsuit against Griffin and her late husband Randy Bick Jr. in 2018 for allegedly illegally recording them on audio and video. In 2016, Griffin and Bick moved next to Metzger’s home and soon began filling noise complaints to the Bel Air Crest Homeowners Association and to the Los Angeles Police Department.

According to Griffin’s countersuit, she and Bick encountered problems with Metzger and his wife not long after they first moved in. The suit alleges that Metzger repeatedly held activities in his backyard “which were excessively noisy and intruded significantly on Ms. Griffin’s quiet enjoyment of her new home.” The suit continues, “in many cases, there would be multiple events in a single week, with loud shouting and the playing of loud music through outdoor speakers well into the night.”

Griffin’s attorney, Adam Sielger, argued that by calling her by a homophobic slur and stating that “War’s happenin’” led to Metzger to behave in an outrageous way. Sielger argued that he knew his behavior would upset Griffin.

According to Sielger, Metzger targeted Griffin’s vulnerabilities at the time, which included the comedian being under scrutiny for a photo shoot gag where she held a fake severed head that was supposed to represent President Donald Trump. The backlash cost the comedian commercial endorsements and other sources of work. Her attorney argued that Griffin was sensitive at the time after losing her sister who died from cancer. Griffin’s sister was an activist for the LGBTQ community.

Written By Brenda De La Cruz