Legal Question in Civil Litigation in California

Harrassment from neighbor
We have a neighbor who does not work and has nothing better to do than cause trouble in our neighborhood. She has called several "authorities" of at least 3 neighbors. She has called the "noise" people (County Planner) about our barking dogs and now is claiming our dog attacked her dog. Which is a lie. She has also called on our neighbors about letting there wash water run off into the bushes (resulting in a $70 fine for them). She kidnaps our neighbors dog if he gets loose and keeps the dog locked up until the neighbor comes over against his wishes. He has told her not to do this. But she continues to do it.

In the mean-time we have spent $400 putting up electric fences around our acre of land, moved our dog kennel to the other side of our property (because she said they barked when they saw her). Bought dog collars (barking and electric fence)for our dogs yet she STILL is allowing her dog and her tennants dog to run LOOSE! We have called the animal control people about this and she STILL does it. Can we sue her for harrassment? How come she is still harrassing us when she has done NOTHING to COMPLY and we have done alot?

Asked on 5/26/00, 10:28 am

Paul McMeans Law Office of Paul E. McMeans

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Re: Harrassment from neighbor

I am unfamiliar with the mediation services

for neighborhood disputes in Santa Monica, but here

in the San Diego area there is a neighborhood

mediation clinic run by the University of San Diego

law school, open to assist people in discussing and

resolving problems of this type without litigation

and the associated expense, and with the goal of

reaching mutual accommodation instead of winners

and losers. One of the law schools in your area

may offer such a mediation clinic.

Otherwise, the legal system is very inefficient in

resolving disputes that do not involve a lot of money.

If you can't get a clinic to assist in setting up

a mediation, you may need to obtain counsel to

file an action for an injunction against the nuisance

of your neighbor for letting the dogs run loose -

which is undoubtedly unlawful given the leash laws

in nearly every locality. However, I recommend that

you look into local mediation clinics first.

Answered on 7/06/00, 7:18 pm

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