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LADYLAWYER
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can i sue my neighbor and the mobilehome park for slander

Customer Question

can i sue my neighbor and the mobilehome park for slander if they are lying about my dog barking and holwing and whining and terrizing the neighbor and they have no proof and i do that what they are accusing my dog of is false, (afidavits from all my neighbors). i live in a mobilehome park that has sent me a letter from their lawyer stating i have to get rid of my dog in seven days or they will take me to court. all because of these one neighbors that have been fasley making complaints about our dog for the last year and the park never came to investigate even once.
Submitted: 5 years ago.
Category: Legal
Expert:  LADYLAWYER replied 5 years ago.

Hello,

 

You as a victim are protected by harassment laws, and you may require a harassment lawyer if you fall into one of the following categories: bullying, psychological harassment, racial harassment, religious harassment, sexual harassment, stalking, mobbing, hazing, backlash, or police harassment.

Harassment laws like the Civil Rights Act of 1964 and its subsequent laws on harassment are what protect you.

If you feel that you are a victim of harassment:

1. Object to the behavior

2. Keep a record that includes the behavior as well as the dates

3. Consider retaining a harassment lawyer

4. Report the behavior

In CA, a civil harassment order is a restraining order available to victims being harassed by someone they do not have a domestic relationship with, such as a friend, neighbor or even a stranger.

 

A civil harassment order can last up to three years and may be renewed after that. There is a filing fee to apply for a civil harassment order, however that fee may be waived based on the victim's ability to pay or if the abuser has caused physical harm to the victim.

 

A victim can qualify for a civil harassment order if the harasser has intentionally committed a series of acts (more than one) which are frightening, annoying or harassing, and which have caused the victim substantial emotional distress. The harasser does not have to be related to the victim in any way, but the victim must be able to identify the person and find him or her to serve the papers.

 

A civil harassment order can order the harasser:

    • to stay away from the victim, the victim's home, school, work or children's school;
    • not to telephone or contact the victim;
    • not to frighten, intimidate, annoy or harass the victim;
    • not to threaten or make any physical contact with the victim;
    • not to keep the victim under surveillance or follow the victim; and
    • not to block the victim's movement in public places.
      It can also protect the victim's family or anyone else in the home from the harassment and can order the person who lost the case (either the harasser or the victim) to pay the other person's court costs and attorney's fees.

Violation of a civil harassment order is a crime. You can find a request for an order to stop harassment here, which should be filed with the appropriate court: http://www.courtinfo.ca.gov/forms/fillable/ch100.pdf

If I have been helpful, please click ACCEPT so I can get credit for my answer. You can still continue to ask questions after that and any further questions that you have will not be subject to any additional fees. Thank you.

 

_______________________________________________________________________________

Legal Disclaimer: None of the information contained herein shall be construed by the reader to be legal advice. The reader acknowledges that the information given is for informational and entertainment purposes only. By interacting with me on this website, the reader agrees that no attorney-client relationship is being established. The reader further agrees that s/he is here seeking legal information only and that nothing contained herein should be construed by him/her as legal advice. I in no way claim to be licensed to practice in the state where s/he resides, or in any other state s/he is seeking advice about. As the law is always changing, it is the reader's responsibility to seek legal counsel in his/her area. Lastly, I am in no way holding myself out to be an expert in any area of the law which may require certain certification under my own state's Bar Association. This disclaimer, in part or full, may be copied or reproduced by anyone as s/he desires.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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Customer: replied 5 years ago.

i will get a restraining order from the park and the neighbor, but my question is can i sue the mobilehome park and the neighbor for slander. and yes they are harrassing us.

Expert:  LADYLAWYER replied 5 years ago.

Hi,

 

I apologize for not fully answering your question. I am working with many individuals and sometimes, I misread or misinterpret a question. In the future, all you have to do is come back and ask for further clarification and I, or another expert, will be happy to give it to you. Positive feedback is something we all strive for around here and we always appreciate when a customer reserves giving feedback until he or she feels their issue is fully resolved.

 

That being said, Pursuant to statute (California Civil Code Section 46):

Slander is a false and unprivileged publication, orally uttered, and
also communications by radio or any mechanical or other means which:

1.Charges any person with crime, or with having been indicted,
convicted, or punished for crime;

2.Imputes in him the present existence of an infectious, contagious,
or loathsome disease;

3.Tends directly to injure him in respect to his office, profession,
trade or business, either by imputing to him general disqualification
in those respects which the office or other occupation peculiarly
requires, or by imputing something with reference to his office,
profession, trade, or business that has a natural tendency to lessen
its profits;

4.Imputes to him impotence or a want of chasity; or

5.Which, by natural consequence, causes actual damage.

 

************************************************************************

In other words, to prevail in a cause of action for defamation, a plaintiff must establish the following:

A. The defendant made a statement about the plaintiff to another person or persons;
B. The statement was false and unprivileged;
C. The statement falls under one of the statutory classifications (1 -5).

 

From the brief facts that you gave in your original post, it does not look like you would have a valid action for defamation; however, your attorney will be able to analyze your very specific fact pattern and advise you further. From what you told me above, my first impression, which I am even more sure of now, is that your action would lie in harassment, not slander.

 

_______________________________________________________________________________

Legal Disclaimer: None of the information contained herein shall be construed by the reader to be legal advice. The reader acknowledges that the information given is for informational and entertainment purposes only. By interacting with me on this website, the reader agrees that no attorney-client relationship is being established. The reader further agrees that s/he is here seeking legal information only and that nothing contained herein should be construed by him/her as legal advice. I in no way claim to be licensed to practice in the state where s/he resides, or in any other state s/he is seeking advice about. As the law is always changing, it is the reader's responsibility to seek legal counsel in his/her area. Lastly, I am in no way holding myself out to be an expert in any area of the law which may require certain certification under my own state's Bar Association. This disclaimer, in part or full, may be copied or reproduced by anyone as s/he desires.

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