Legal Question in Civil Litigation in California
Neighbor problem
My neighbor has vandalized my hedge twice. What are my legal rights? The first time she complained that she could no longer see the jasmine in my hedge because I'd planted trumpet vines and Mandavilla too. I explained that the reason she couldn't see the jasmine is because it wasn't blooming yet and that each of the flowers bloomed in different times of the year. While I was away in '04 she entered my yard and tried to kill the plants other than jasmine. It killed the whole hedge. It took me a week, a dumpster and a lot of backbraking labor to haul away 100 feet of hedge. She came over and apologized said it was an accident. This year I replanted my jasmine hedge and in addition a grape vine so it would more quickly cover my fence. 2 weeks ago I heard her telling guests on the patio that she was having trouble with the ''gringos'', the hedge was supposed to be all Jasmine. The next day while I was picking vegtables in my garden, I saw through the slats of the fence, her standing and watching as her husband dug on their side of the fence 1 foot from my grapevine. The following day it started to die along with the surrounding hedge. I am at my wits end. The racial slur bothers me the worst.
2 Answers from Attorneys
Re: Neighbor problem
Small claims court
Re: Neighbor problem
If the hedge is yours, and is on your property, you may need more than small claims court. I would certainly speak to an attorney in your area that handles real property/ neighbor disputes.
Since you stated that she entered your yard, she has trespassed. It also sounds as though she has damaged your property, by damaging your hedge. That is certainly an item of damages in any lawsuit for trespass.
Small claims has jurisdiction up to $7,500.00, so if your damages are more, you may need to look at a limited civil action. There are also issues involving having the court issue an injunction (similar to a restraining order) that would prohibit her from poisoning or tampering with your horticulture.
The racial comment is distressing, but it would only be relevant to prove her malice towards you. That does not mean that I think that racial comments are acceptable, only that the law does not do much in the area of hurt feelings due to racial slurs.
Very truly yours,
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