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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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There is an individual living in a unit adjacent to our condo

Customer Question

There is an individual living in a unit adjacent to our condo building who has begun a harassment campaign against me. She has been identified as having impersonated me at the post office and interceipting at least $1000 worth of items that I bought and were sent in the mail. I have filed a formal complaint with the POst Master General about this. In addition she came charging out of her apartment on May 23 screaming that I was ruining her dinner and she hates my voice.
I have discovered that she is using an alias of an individual who has an association with low level crimnal organizations in Boston. This person is tshe true owner of her condo. Tonight she called the police to state that we were having a loud party. We were not and they apologized for dieturbing us. This woman is a danger to me, and the only time I was the hideious look she directed at me was when I was voluterring at the Florida State psychiatric facility for the criminally insane as part of my duties encomapssing my service club. IN that case the patient had to be restrained . I feel that her behavior is escalating and will result in some vicoius attack against me. Since she is living under an alias of an individual that has a long criminal record for fraud I am very uncomfortable. In fact, I am so uncomfortable that I feel I must have a gun with me at all times. This should not be in a place like Laguna Beach. I am concerned about my safety as long as this person is around, and I have considered calling my friends who are retired spcial forces to assist me. As you know any help from local law enforcement is difficult as you almost have to have been assaulted before there is intervention. Should I sue her for violating the 1997 harassment laws? I feel it is a matter of time before she explodes.
Resepctfully,
Dr. Nancy Nicolson
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
If she presents an imminent threat of physical harm to you, you can petition for a civil restraining order - see: http://www.courts.ca.gov/1044.htm
If she is causing an annoyance to your living conditions, it is possible that you can sue her for an injunction under a theory of "private nuisance" (this is not going to be a straightforward suit - and a civil litigation attorney would be very helpful in sorting this cause of action out - and perhaps assisting you in identifying more appropriate causes based on a more thorough evaluation of your situation than is possible through this "Q&A" forum).
If she is violating the HOA's CC&Rs, you would have both a private cause of action directly against her under the CC&Rs and the Davis Stirling Act, and against the HOA for failure to enforce the CC&Rs against her. (once again, a civil litigation attorney would be your best option here).
You can find local attorneys using the State Bar Association directory: , or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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