Legal Question in Personal Injury in California

vicious trespassing neighbor spoils quality of life

My neighbor climbed over our locked fence and spent 15 minutes trying to incite a fistfight with my husband. His reason was that we had politely knocked on his door and asked his wife to turn their backyard radio down. This was the third time we had made this request; the first two had been ignored.

The neighbor called my husband names that were meant to imply that my husband was a weak man. He stood as close as an inch to my husband's face, and at times touched him with his (the neighbor's) abdomen. He had alcohol on his breath. Many of the remarks questioned my husband's masculinity, and the neighbor shouted to me, ''Why don't you come here? You have bigger balls than he does.''

I called 911 when the neighbor would not leave, and the police finally came and told him he could not play his radio loudly, and he could not jump our fence. As the discussion broke up, the neigbor muttered ''punk ass bitch'' to my husband. The police heard this and reprimanded him some more.

I was unsatisfied by this outcome. I no longer feel safe in my home or in my yard. I do not think my husband is safe as he returns from work, because there is often a group of men next door smoking pot and drinking.

Any legal ideas?


Asked on 6/07/01, 8:00 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: vicious trespassing neighbor spoils quality of life

You have a civil suit for various causes of action: trespass, intentional and negligent infliction of emotional distress, nuisance, and assault and battery. If your neighbor owns his home, then his insurance company will defend the suit. Please call me directly at (619) 222-3504.

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Answered on 6/09/01, 3:22 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: vicious trespassing neighbor spoils quality of life

You should consider obtaining a restraining order against your neighbor. Threats such as this should be taken seriously. This type of situation has in some cases turned violent.

Some communities have mediation services for circumstances to help the parties resolve disputes peacefully.

Good luck is resolving this problem.

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Answered on 6/11/01, 2:02 am


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