Legal Question in Intellectual Property in California

What Can I Do

There is this dog that keeps coming into my yard to do its business and I have asked the owners many times to do something about it and they wont.We have called the dog catcher and still no results. I was wanting to know if I could send them a letter telling them that I will take pictures of they're dog in the act and then charge them a fee for picking up and disposing of the fecies and if they refuse to pay then we will put a lein against they're property.Is this legal to do or please tell me what I can do please. Thank You very much.


Asked on 5/22/05, 5:41 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What Can I Do

Well, first of all nothing in your question has anything to do with intellectual property, which is the field of law that deals with patents, copyrights, trademarks and trade secrets, not dog poop, although many of us in the field may liken our clients' issues to 'dog poop' on bad days. This question probably should have been asked under a LawGuru category such as 'trespass' 'private nuisance' 'animals' or the like.

However, in the interest of providing quick and useful cross-disciplinary replies to LawGuru users, let me suggest:

(1) always negotiate these matters to death before considering filing lawsuits.

(2) if it becomes absolutely clear that further negotiation will not solve the problem, find a local lawyer that will take neighbor-to-neighbor lawsuits at very low cost (a young lawyer), and have a demand letter sent threatening a suit for private nuisance and trespass. This should result is a satisfactory solution.

If it doesn't, back up your bluff or threat by having your young, hungry and cheap lawyer file a suit, asking for damages and perhaps a TRO or preliminary injunction. At this point, you're starting to spend some real bucks, but the other side is facing the same reality and will be very much more interested in talking out-of-court settlement.

But, remember, I recommend negotiating as long as possible BEFORE taking the big step of filing suit.

If you want more, or more expert, views, try re-asking your question under a more appropriate category than "intellectual property" which tends to be a sophisticated $300-an-hour specialty in the field of law.

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Answered on 5/23/05, 10:01 pm


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