Legal Question in Personal Injury in California

bad neighbor

A while ago I asked my neighbor's teenage son to slow down when he drove on our narrow street. Shortly thereafter he or his friends threw beer cans on my lawn. Tonight his father hosted an underage drinking party for his son and one of the attendees walked over and pissed on my car. When I objected the group called me a ''fucking dyke.''

I called the police, but I don't think they're much interested. Teenage drinking (and driving) is considered a civil liberty in Walnut Creek.

I've lived here for ten years and have always had a good relationship with these people, but apparently leaving a note about the son's alcohol-fueled driving is ''unneighborly.''

Do I have any civil remedy? I'll take a criminal remedy....


Asked on 1/28/07, 7:11 am

2 Answers from Attorneys

Steven Lynes Lynes & Associates

Re: bad neighbor

If you�re having continued problems with your neighbor and efforts resolve informally have failed, you can file a criminal complaint regarding the public urination and observed underage drinking and driving, but I doubt much will come of it. If the police will not take your report for some reason, check with your local code enforcement.

Before filing a civil action for nuisance and injunctive relief (prohibiting certain activities), I recommend you put your concerns in writing, send it to the neighbor via certified mail (return-receipt requested) and advise that if it continues, you will file a civil action. In any civil action, your �good faith� efforts to resolve informally and advance notice to the defendants can only help your case.

For further assistance on this matter, please feel free to contact our office to arrange for a consultation.

[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]

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Answered on 2/01/07, 8:55 pm
Deborah Barron Barron Law Corporation

Re: bad neighbor

Yes, you have legal remedies. I have litigated many neighbor disputes. If they entered your property to piss on your car, that would be trespass. Calling you names would be harassment resulting in intentional infliction of emotional distress arrising. Throwing cans on your property would be a nusiance and property damage. You can file a complaint and seek both monetary damages as well as injunctive relief. With a temporary restraining order or a preliminary injunction from the court, the police are more likely to take it seriously. You can also go back into court and have them appear to show cause why they should not be found in contempt of court. If found in contempt, they could be fined or jailed. These types of disputes may escalate over time. Please contact me to discuss further.

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Answered on 2/01/07, 9:03 pm


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