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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A commenter on a blog challenged me to find her last name and

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A commenter on a blog challenged me to find her last name and come back when I knew it. She was being a troll. I googled her user name and found her real name and address in a seconds from a real estate site (she posts via her linked Facebook account using her real first name and maiden name with her real photo). I then posted it back to her. Now she has called the police on me for cyber stalking.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Do you have proof of her challenging you (either via screenshot or her original posting still being on there)?
2) Have you been contacted by any authorities? Or has she merely claimed to have contacted the police?
3) What state are you in? What state is she in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


1) Yes, I have the screen shot.


2) she is claiming she has contacted the police and will sue me.


 


3) I was in AL, live in LA, posted an old address in CA ( her family may live there) and she claimed yesterday she lives in another city in CA. She gives out LONG info about herself all day.


 


 

Expert:  Ely replied 1 year ago.
Thank you, K. Please allow me a second to type out my answer; apologies in advance for the momentary wait...
Customer: replied 1 year ago.


Ok, this is now in my email. Odd, but you're still here.

Expert:  Ely replied 1 year ago.
K,

I am still here, typing out the answer; one second while I do so, please...

The answer will be on this site, not in the email.
Expert:  Ely replied 1 year ago.
K,

First of all, relax. I have a feeling that this person is all bark and no bite. They really have no case. But they are attempting to scare you. We will cover both civil and criminal aspects separately. Criminal first.

CRIMINAL
What have you done that qualifies as "stalking" or "harassment" exactly? Nothing. For example, harassment is defined the following way in CA law:

Unlawful violence, such as:
-assault (attempting to cause a violent injury to you)
battery (use of force against you) or
-stalking (repeatedly following or harassing you with the intent to place you in reasonable fear for your safety or your immediate family's safety);
-A credible threat of violence (a statement or actions that reasonably place you in fear for your safety, or the safety of your immediate family); or
-Repeated actions (such as following you, making harassing telephone calls, or sending harassing emails) that seriously alarm, annoy, or harass you, and that serve no legitimate purpose and causes you to be extremely emotionally upset (distressed).

Ann.Cal.C.C.P. § 527.

AL and LA have similar definitions. The actions described above really have no basis being called stalking, harassment, or anything similar. All you did here was find her PUBLIC information after she challenged you to do so. This is not a criminal matter.

I suspect her claims of contacting the police are false. Just in case, if you are contacted, it is recommended to retain counsel who can explain to the police what happened just like you did to me and provide a copy of the screenshot. The police should then drop this matter.

CIVIL
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Nothing you did falls into a course of action here. You did not harass her. You did not cause her intentional emotional distress. All you did was provide PUBLIC information that she CHALLENGED you to find. She has no case.

As such, her threats here are ridiculous. However, she does seem to be the type of person to annoy/harass others, and it is best to simply stay away from people such as these.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


Thank You. My fear is the "harassment" part. Is it harassment to simply post public record of address and homeowners from a real estate site?

 

She is alleging I endangered her child (a 47 year old realtor in Burbank. by posting the address of a house they have owned publicly for decades.

 

I cannot imagine the NOPD caring.

 

Screenshot found:

 

" I use this name for the very reason it's simple and easy. No mystery my Lament your ignorance on your own since you will never know who I am .. but not too shabby looking compared to what you look like ... besides being dumb, you're ugly in real life. Pitiful.you don't even know what my last name really is. If you can figure that out come back to let me know. Starr works best for me now. There are plenty of them for every age group in every state. Play with that or your itty bitty playground and try functioning as a better sleuth. Start with using my real name if you can find it .... HA! Loser and liar .. and dumb .. you are all of that

Expert:  Ely replied 1 year ago.
K,

Is it harassment to simply post public record of address and homeowners from a real estate site?

No. Especially not if that information is public. It would be harassment if one - say - posted her information all over websites and urged others to prank call her, etc. This may qualify. But simply posting information after she challenged you to do so is not harassment (or stalking).

She is alleging I endangered her child (a 47 year old realtor in Burbank. by posting the address of a house they have owned publicly for decades.

I do not have the words to describe how ridiculous that part of claim is.

I cannot imagine the NOPD caring.

I agree.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I pasted the challenge as you state that is the crux..

Expert:  Ely replied 1 year ago.
K,

I do not see any attached item... did you mean you attached the challenge and are asking me if this is good evidence?

If so, I do not see it...
Customer: replied 1 year ago.


I'll try to paste it again, it's crazy gibberish:


 


" I use this name (her maiden name - Mary Starr] for the very reason it's simple and easy. No mystery my Lament your ignorance on your own since you will never know who I am .. but not too shabby looking compared to what you look like ... besides being dumb, you're ugly in real life. Pitiful. you don't even know what my last name really is. If you can figure that out come back to let me know. Starr works best for me now. There are plenty of them for every age group in every state. Play with that or your itty bitty playground and try functioning as a better sleuth. Start with using my real name if you can find it .... HA! Loser and liar .. and dumb .. you are all of that"

Customer: replied 1 year ago.


I've pasted it in italics above, a few times, not used to this site format. Sorry.

Expert:  Ely replied 1 year ago.
K,

I really believe that this will simply be seen as "trash talk" on an online forum, and that is it.

Nothing wrong has been done here.

So you posted public information about someone. People do it all the time. It is legal to do so. Arguably, even if she had not challenged you, you would have not done anything wrong by posting the information.

This is a non-issue.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


I want to relax. But crazy people with money...


 


In CA there is a new law that states posting public records can be stalking, but I have no clue what that means.


 


Am I held to CA law? or if she lives in Vegas, NV law? I don't even understand what laws apply?

Expert:  Ely replied 1 year ago.
In CA there is a new law that states posting public records can be stalking, but I have no clue what that means.

I am not sure if this is correct. You can review stalking and cyberstalking in CA here. Notice that posting online has to THREATEN or HARASS someone to be considered cyberstalking. This does neither.

Am I held to CA law? or if she lives in Vegas, NV law? I don't even understand what laws apply?

You'd be help to the law of the state where you live and/or where the posting was made. So this would be CA or LA. LA's law is similar to CA when it comes to this matter so my answer stands as is.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


I was on the same site.


 


This is my concern from the site and law:


 


 



  • posting personal information (including a phone number, address, workplace, etc.) about another person encouraging others to harass that person (the Los Angeles case referenced above, for example)"

Expert:  Ely replied 1 year ago.
K,

Right... but yet you did not encourage others to harass that person!

So this does not apply.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


No, I did not. It also took place on an old thread where no one reading or posting any longer. I then edited the comment and removed the information. I also told her to use her real name or link to her facebook when online.


 


However, she is bonkers. She and her daughter are filing charges against me?? Or not. So I need an atty ready in LA just in case? I posted it at a resort in Alabama. Three states!

Expert:  Ely replied 1 year ago.
She and her daughter are filing charges against me??

I highly doubt it. And if she attempts to do so, the police are likely to ignore the complaint. In the end, it is up to the police (and ultimately the prosecutor) to decide whether or not to bring a case.

Or not.

Right.

So I need an atty ready in LA just in case?

No... not right now. Only if the police contact you to get your version of the events, and only so that your attorney can explain to them what happened and so that they may close the file and forget about it. And even the authorities investigating this SHOULD she even file a complaint is unlikely.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87744
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Criminal Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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