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Richard, Attorney
Category: Legal
Satisfied Customers: 53698
Experience:  Attorney with 29 years of experience.
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Looking advice on disturbing the peace by barking

Customer Question

looking for legal advice on disturbing the peace by barking dog. state of California.
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.
Good evening Gary. My name is ***** ***** I look forward to helping you. Yes, you absolutely have a valid cause of action to sue your neighbor. If they won't resolve this with you voluntarily to your satisfaction, you will have to take proactive measures. But, that's their own fault for offering you no other choice. Although they may feel as if they have the right to do whatever they please on their property, those rights are limited by the impact they may have on others. You have the right to file a private nuisance cause of action because their dog's actions deprive you of the peaceful and quiet enjoyment of your property which results in the deprivation of the habitability of your property. A private nuisance cause of action will entitle you to both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If they then violate the injunction, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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