Legal Question in Civil Rights Law in California
Suing Difficult Neighbor?
My wife and I own an attached home with an obnoxious and threatening neighbor. His behavior includes revving car engine at 4am in the morning upon his return home from work, loud profanity, pounding on adjoining wall, slamming doors, and spitting on our kitchen window from his backyard. He has severe drinking and anger management issues and suspected spousal abuse incidents. Repeated discussions by us are met with add'l aggression. Open dialogue is no longer an option. He ignores HOA cease and desist letters and has been called to appear before the board to rebut complaints; we fear he simply will not show, and with a fairly ineffective HOA, compliance is unlikely. Police have responded to numerous noise complaints from us and other neighbors but to no avail. His behavior is simply becoming more clandestine and calculated. The next step is a restraining order, but with virtually the same living space, this seems improbable. We are concerned for our safety and for the environment of our ten-month-old daughter. We do not want to move, both from a financial standpoint and as a matter of principle and so are considering legal action. Is this realistic?
2 Answers from Attorneys
Re: Suing Difficult Neighbor?
One great way to deal with such people is to have all the neighbors get together and sue him for $7500 each in small claims court, all at once.
Re: Suing Difficult Neighbor?
If the court can be convinced that his actions contitute a nuisance, you may be able to get an injuction to stop him under the threat of contempt jail time. Contact me directly.
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