Thank you, G.
What someone in your situation may wish to do is to threaten legal action
. Very often, the mere threat of a lawsuit has the party cease and desist. This is done by the aptly name "cease and desist" letter. While you can do this yourself, considering that this individual has shown disregards XXXXX XXXXX efforts so far, an attorney's letter work better, as it carries much more gravitas
and may scare him into compliance.
This is because an attorney's letter can be more straightforward and threaten suit, whereas here, he does not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely).
What the attorney can do is threaten to sue him possibly for invasion of privacy
, and intentional infliction of emotional distress
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
The elements for 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., 2 Cal.3d 493, 497-498 [86 Cal. Rptr. 88, 468 P.2d 216]; State Rubbish etc. Assn. v. Siliznoff, 38 Cal.2d 330, 337-339 [240 P.2d 282]; Spackman v. Good, 245 Cal. App.2d 518, 528-529, 531-534 [54 Cal. Rptr. 78]; Rest.2d Torts, § 46.)
DEFAMATION is publication of a statement of fact
that is false, unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. Cal. Civ. Code §§ 44, 45a, and 46.
INVASION OF PRIVACY includes public disclosure of embarrassing private facts about the plaintiff and publicity which places the plaintiff in a false light in the public eye. Eastwood v. Superior Court, 149 Cal. App. 3d 409 - Cal: Court of Appeal, 2nd Appellate Dist., 7th Div. 1983
quoting Prosser.Punitive damages
may be sought under Cal. Civ. Code § 3294(a)
as well for oppressive conduct, along with an injunction.
Often, such a letter will do the trick. It is relative inexpensive, and may I recommend the ___ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
You may find that this will do the trick about 95% of the time as the party would be afraid of actually being sued. I hope this helps and clarifies. Best of luck.
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