I live in California and have a neighbor that started "harrassing" me starting Nov 2011. But by legal definition the term harrassment doesn't really apply. Here is what she has been/is doing. Stated to my friend that she and her property manager were going to do what ever it would take to get me out of my house. Made several complaints to police dept stating I was being too loud, her house it approx. 50 yards away. Each time the officer came to the door, he stated that he could here anyone when walking up. I let him know that myself and a few friends were merely talking in my backyard while bbq'ing. No warnings have ever been issued. She contacted the City Building Inspector stating that my house was vacant and we were hoping the fence to use the bathroom at a neighboring house. He left without citing me or warning me, but did say he'd like to come hang out and have a beer. I came upon her as she stood outside of my house writing down my license plate number. She has also contacted the police for other neighbors that she claimed were making too much noise. I have been advised by an officer that it is not illegal to talk in one's own home. I feel that she is making false reports and attempting to force me out of my home. I would like to know what recourse I have, if any. It seems as though I wouldn't really qualify for being able to obtain a restraining order. Thank you for your time.
1 Answer from Attorneys
I would gather together all records of inspectors and law enforcement personnel who have been dispatched to your residence, along with any evidence that your neighbor is making reports maliciously. You may have a valid tort cause of action for abuse of process. You may be able to send a letter to your neighbor demanding that she cease making false reports, or file suit against her.
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