Legal Question in Technology Law in California

Re: Email Harassment, Non-Threatening

We would need to know the exact content of the emails before we could assess your case.

Re: Email Harassment, Non-Threatening

if you would like to email me directly letting me know what "types" of criminal or civil actions this person is threatening you with, i.e. invasion of privacy, etc..i should be able to help you prepare an effective defense once i get more facts from you as well.

Re: Email Harassment, Non-Threatening

Although Oakland is too far away for me to represent you efficiently, I can give you some information that might assist you in doing a self-assessment.

Obviously, you need to desist in this activity at once, and advise the prospective plaintiff that you are desisting -- preferably passing this along through third persons so that the advice itself (with appropriate apologies and promises) will not be treated as further harassment.

Next, look up and read section 527.6 of the Code of Civil Procedure. This is the most likely action against you. Note the definitions in subdivision (b), which probably would encompass what you did.

My guess is that the plaintiff would be successful in obtaining a restraining order if a 527.6 action is filed.

The California Courts or Judicial Council Web site has an information packet for 527.6 plaintiffs and defendants that you can download and read. It's part of the Judicial Council forms series relating to civil harassment.

A suit for damages based on intentional infliction of emotional distress is less likely, but still a possibility. It would be more expensive and time-consuming for the plaintiff, and the outcome less certain.

Criminal charges are unlikely -- only a remote possibility -- the D.A. is just too busy to be concerned with cases of this kind.

You probably don't need a lawyer unless you are served with a summons and complaint, or are contacted by someone else's lawyer about this. If anything of this sort happens, get a local lawyer at once.

I would also

Re: Email Harassment, Non-Threatening

I agree with Mr. Whipple's answer.

Your question is a bit unclear when you ask "Do they have a case against me? If so, would any lawyer be that interested in taking it given there was no physical threat and/or physical contact with this person?" The other attorneys who have answered so far think you are asking if a lawyer would be interested in representing you, but it sounds to me like you are asking if a lawyer would take the other side's case and help them go after you.

The answer depends on facts I don't know about, but there is a good chance that a lawyer would take this case. The matter may not seem serious to you, but legally the other side's position sounds reasonable. If the plaintiff is willing to pay a lawyer's fee, then lawyers will be interested.

I should also note that Code of Civil Procedure section 527.6 -- which Mr. Whipple correctly identifies as the section most likely to be used against you -- allows the winning party to recover attorney fees from the losing party in many instances. If you have money, that is another incentive for a lawyer to take the plaintiff's case.