Legal Question in Civil Litigation in California

Re: mental abusive neighbor

A restraining order is granted in a very limited factual situation. Typicall, one is granted, if at all, where there is either a threat of imminent danger/harm to you, or a pattern of danger/harm. These facts do not suggest either. The mere fact that a neighbor is annoying you or exercising his/her rights to complain to government agencies is most likely insufficient to warrant the issuance of a restraining order. Moreover, what would the order say, that the neighbor cannot call to complain any longer? There's no way that such an order would issue.

If the neighbor is coming on to your property and bothering you, that's another story. You can either obtain a restraining order or sue him/her for trespass.

If the neighbor is telephoning you, you can also try for a restraining order to stop him/her from bothering you in this way.

There's no such suit for "false accusations". If the accusations are actually false, you might be able to sue for slander. But if the accusations were made as part of a complaint procedure with a filing to a governmental agency, they might be protected and not actionable. We would need more facts to more fully anaylze this.

Either type of lawsuit must be brought in Superior Court. (The Small Claims court has no jurisdiction over these types of issues.) You should seek out a civil litigator familiar with litigation and neighbor disputes in or near Glendora. We are civil litigators with extensive experience in real property disputes. If/when you are ready to proceed, feel free to call or email for a consultation at no charge.

Re: mental abusive neighbor

Dear Sir:

1. Please reread Mr. Guerrini's response which was clearly nearly a treatise on your subject.

2. "Reporting" violations of law, whether they are potentially local Building Code violations or possible Welfare and Institutions violations regarding the caring for your parents, is the right of all citizens. There will probably come a time that Building and Safety pays no attention to the neighbor and the same may well hold true for those that investigate "elder abuse."

3. ONLY A PROSECUTORIAL AGENCY, such as the Disrict Attorney's Office, can prosecute some one for a "false police report." In that case, you would only be a victim and the decision to proceed would be up to the police who investigate and the DA's office to bring a case. Sorry!

4. Perhaps a "fruitcake" and a greeting card at this time of year would do wonders. It's worth a try as there really is no way for you to go about legally preventing the neighbors from doing what they are doing. You have no facts that would give rise to a restraining order.

Respectfully,

Mark Mitchell Geyer

Re: mental abusive neighbor

The other two answers are correct and I have no doubt you are disappointed. Accept the fact that you have a cranky neighbor and retaliate with kindness. Bring him/her into the process, discuss your plans and problems, ask for suggestions. Do not under any circumstances escalate! Without choice or decision on our parts we are in a position of trust with our neighbors, they know when you are home or not, they know much more about you that you can imagine. You do not want to go to war with a neighbor, you will never be able to relax or quit. You have suffered nothing more than irritation, take a nap.