Legal Question in Civil Litigation in California

I took pictures of my neighbors smoking and leaning over the patio which causes secondhand smoke as evidence to provide the landlord and ready for a lawsuit. Is that an invasion of privacy


Asked on 9/03/12, 9:26 am

1 Answer from Attorneys
Joel Selik www.SelikLaw.com

You are within your rights if you are in a place you are lawfully, and are looking into a place that is visible from a place your are lawfully in.

As to smoking, many HOAs have recognized the invasion of non smokers rights by smokers and have provided requirements that residents limit their smoking to certain places. Therefore you can seek to enforce your rights.

I do not think your use of an automobile or your personal political beliefs would be admissible.

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Answered on 9/03/12, 9:58 am


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