Legal Question in Personal Injury in California

Hate Crime

I was assaulted and hit in the head with a beer can and my grandson was hit in the mouth by my neighbor. I've have had problems with the same individual for 19 yrs. He's a firefighter and when I call for assistance the sherrif side with the neighbor. He's vandelized at least 5 cars that were on my property, shooting a bee-bee gun and burst out the windshield of one of the cars damaged, throwed rocks in my swimming pool and broke out one of the windows of my house, all to force me out of my home. They're dogs have attached me and my granddaughter on several ocassions. I've filed a restraining order against them and would like to know what kind of law suit or legal action, if any I can take against them.


Asked on 8/24/03, 3:44 pm

6 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Hate Crime

While it's obvious your neighbor has a serious psychological problem, the information you provided does not tell me what that problem is, ie., is it racially motivated, etc. Please call to discuss. 800-685-6950

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Answered on 8/26/03, 12:09 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Hate Crime

I agree wholeheartedly with what all have said, particularly Mr. Fernandez. You may have to choose here between the civil and criminal remedy. This kind of person could be so unstable that suing him will unleash another round of violence and destruction. You really should consider insisting on meeting with your local district attorney and demanding charges be brought. You can always sue him in jail. It may hurt your chances of collection, but are you more interested in some extra money or safety for you and your family? A person like this sounds like he needs to be gotten off the street and out of your neighborhood. California provides free lodging for folks like him.

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Answered on 8/26/03, 10:37 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Hate Crime

You seem to have several causes of action against your neighbor. I recommend you to speak with your lawyer regarding the case. You may call (323)782-0099 or e-mail me regarding this matter if you'd like.

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Answered on 8/25/03, 9:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Hate Crime

from the facts given, you have a wide selection of various tortious causes of action and remedies available to you legally here. if you would like a free consultation/evaluation of your case, feel free to email today with your contact information. we certainly empathize with your unfortunate situation and can help you get swift justice.

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Answered on 8/25/03, 10:08 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Hate Crime

Sorry, not my area.

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Answered on 8/25/03, 10:13 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Hate Crime

I have dealt with similiar situations both in my own life, and for my clients. Its not a pretty situation and I understand what you are going through. Based upon the facts that you have provided there are several causes of action you could assert against your neigbor. Some torts I can think of right now are: Assualt and Battery, Trespass, Trespass to Chattel and/or conversion depending upon the damage caused to your vehicles, etc. These causes of action are in the Civil realm and each have a one year statute of limitations before 1/03. In other words you need to act quickly if you want to file for actions that happened before 1/03. On the criminal end, I would bypass your local law enforcment and call the District Attorney's office directly. The crimes you have described are serious and cannot be ignored by law enforcment just because your neighbor happens to be a firefighter.

My law firm handles cases throughout California, give me a call on my cell phone tomorrow at 818-427-6246 and I will tell you over the phone whether you have a good case or not, and how you can retain my firm to help you.

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Answered on 8/26/03, 12:13 am


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