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what recourse under the law does a neighborhood have regarding a neighbor who repeatedly c

 

Customer Question

what recourse under the law does a neighborhood have regarding a neighbor who repeatedly calls police on neighbors with complaints of noisy hot tub motors, chickens clucking, overheard backyard conversations, etc.?

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
Three or four of us have asked her specifically to call us if something is bothering her before calling the police. One of her next door neighbors has moved as a result of the constant harassment by the police (who are very sympathetic to the problem as they receive many calls from her).

Submitted: 288 days and 4 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  D. WINOGO ESQ. replied 288 days and 4 hours ago.

If the woman is making repeated phone calls and complaints after being asked to cease and desist, and those complaints are false, the other neighbors can sue her in civil court on the grounds of intentional infliction of emotional distress and slander/defamation of character.

Customer replied 288 days and 4 hours ago.

can you provide code section information?

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Expert:  D. WINOGO ESQ. replied 288 days and 4 hours ago.

Here is the relevant statute from the California Civil Code:

44. Defamation is effected by either of the following:
(a) Libel.
(b) Slander.



45. Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.



45a. A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.



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 chastity; or
5. Which, by natural consequence, causes actual damage.

Customer replied 288 days and 4 hours ago.

what abut the emotional distress component? One neighbor moved out and is renting her home as a result of the continual harrassment.

Accepted Answer

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Expert:  D. WINOGO ESQ. replied 288 days and 4 hours ago.

Here are the elements of intentional infliction of emotional distress:

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
The elements of a prima facie case for the tort of intentional infliction of emotional distress are:
(1) outrageous conduct by the defendant;
(2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress;
(3) the plaintiff's suffering severe or extreme emotional distress; and
(4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Alcorn v. Anbro Engineering, Inc (1970) 2 Cal.3d 493, 497-498

Expert TypeAttorney
Category: Legal
Pos. Feedback: 93.1 %
Accepts: 4491
Answered: 7/31/2012

Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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