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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33103
Experience:  16 yrs. of trial experience
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A few friends and I went on my neighbor's roof to do a photo

Customer Question

A few friends and I went on my neighbor's roof to do a photo shoot. She saw us on the roof and told everyone to leave the premise. We all did so immediately. Shortly after she claimed that we damaged her property and asked us to pay to paint her roof. I have photos showing that no damages were done. I would like to tell her that I'm not going to hire contractors to paint her roof or pay her money. However, I do not want to involve the police if possible. If the neighbor files a police report, would we violate any California law? Should I wait to pay for the paint job until she files a formal request from a lawyer?
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, who gave you permission to get on the roof?

Customer: replied 11 months ago.
No one.
Expert:  P. Simmons replied 11 months ago.

Thank you
It is a crime (trespass) to climb on someones roof without permission.

So if they file a police report? It may well be you are prosecuted.

I would try and negotiate with her to avoid that...

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
However, according to California law. It is only consider trespassing if she asked me to leave and I don't. True?
Customer: replied 11 months ago.
California Penal Code 602
Expert:  P. Simmons replied 11 months ago.

There are, literally, a dozen different ways you can be prosecuted under 602, including

Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent, or the person in lawful possession.

I would not risk it...it may be you are not charged...but it would not be tough for the local da to charge this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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